ORDER

Defendant No.3 in the suit filed the above revision against the order dated 19-09-2022 in I.A.No.505 of 2022 in O.S.No.20 of 2019 on the file of the Court of XI Additional District Judge, Tenali.

2. Respondent No.1 herein being plaintiff filed the suit in O.S.No.20 of 2019 seeking partition in the plaint schedule properties.

3. Relief sought for in the plaint is as follows:

i. to divide the plaint schedule properties into three equal shares by fixing with metes and bounds and allot one such share to the plaintiff and for allotment of one such share each to the defendants No.2 and 3;

ii. to recover the possession of the suit schedule property from the third defendant who is in unauthorized possession;

iii. to recover an amount of Rs.55,800/- towards past mesne profits along with interest @ 12% per annum from 24-04-2016 ;

iv. to recover future mesne profits at Rs.22,500/- towards the share of the plaintiff from the date of suit till the date of realization and costs.

3. Case of the plaintiff, in brief, is that:

Plaintiff, defendants No.1 and 2 are the brothers and sons of Vissamsetty Ramaiah and Kanakamamillamma @ Mamilamma; that Ramaiah with fancy shop business, acquired the plaint schedule property and other properties; that Ramaiah purchased the plaint schedule property under registered sale deed dated 15-10-1931; that Ramaiah executed a registered Will dated 25-03-1972 in a sound and disposing state of mind bequeathing the plaint schedule property and other properties in favour of the plaintiff and defendants No.1 and 2 by appointing Kanakamamillamma as manager; that the plaintiff was the employee in State Bank of India as clerk in 1977 and got performed the marriages of Defendants No.1 and 2; that at the time of marriage of second defendant, misunderstandings arose; Kanakamamillamma filed suit in O.S.36 of 2001 on the file of Principal Senior Civil Judge Court, Tenali claiming absolute ownership over the properties under the registered Will by virtue of Section 14(1) of the Hindu Succession Act and consequential permanent injunction; pending suit, the mother of plaintiff, plaintiff, defendants No.1 and 2 colluded with other family members and made attempts to alienate the plaint schedule property; that plaintiff got issued legal notice on 18-01-2002; that plaintiff filed suit in O.S.No.30 of 2002 on the file of Addl. Senior Civil Judge Court, Tenali seeking declaration to the extent of 1/3rd in the plaint schedule property and other properties and also for permanent injunction; that third defendant purchased the property having knowledge of O.S.No.30 of 2002 and she is bound by the decree and judgment; that the husband of third defendant is a practicing advocate; that third defendant took possession of the property pending suit O.S.No.30 of 2002 and she was added party as 4th defendant to O.S.No.30 of 2002; that Kanakamamillamma @ Mamillamma filed O.S.No.96 of 2006 on the file of the Court of Additional Senior Civil Judge, Tenali against the plaintiff, his wife, second defendant and his wife seeking eviction from item No.3 of plaint schedule property in O.S.No.30 of 2002; that the suit in O.S. No.30 of 2002 was decreed and suit O.S. No.96 of 2006 was dismissed; that aggrieved by the decree and judgment, the third defendant filed appeal in A.S.No.377 of 2010 on the file of XI Addl. District & Sessions Judge Court (FTC), Guntur and the same was dismissed on 24-10-2011; third defendant filed S.A.No.1692 of 2011 and the same was dismissed on 13- 12-2013; that third defendant filed Special Leave Petition No.25915 of 2015 before the Hon9ble Apex Court and the same was dismissed on 29-07-2016; thus the decree in O.S.No.30 of 2002 was confirmed; that Pauper O.P.No.36 of 2001 was dismissed on 25-06-2003; that Kanakamamillamma @ Mamillamma preferred appeal in C.M.A.No.130 of 2004 and the same was dismissed as 8infructuous9 on 27-04-2009; that pursuant to the dismissal of S.L.P.No.25915/2014, plaintiff filed I.A.No.62 of 2014 in O.S.No