HIGH COURT OF ANDHRA PRADESH

* * * *

CIVIL MISCELLANEOUS APPEAL No. 459 of 2023

Between:

Modegunta Ramachandraiah

.....APPELLANT

AND

Nalabolu Mrudhula and another

.....RESPONDENTS

DATE OF JUDGMENT PRONOUNCED: 07.05.2025

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

&

THE HON'BLE SRI JUSTICE CHALLA GUNARANJAN

1. Whether Reporters of Local newspapers Yes/No

may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No

marked to Law Reporters/Journals

3. Whether Your Lordships wish to see the fair Yes/No

copy of the Judgment?

_______________________

RAVI NATH TILHARI, J

_______________________ CHALLA GUNARANJAN, J

* THE HON'BLE SRI JUSTICE RAVI NATH TILHARI &

THE HON'BLE SRI CHALLA GUNARANJAN + CIVIL MISCELLANEOUS APPEAL No. 459 of 2023 % 07.05.2025 Between:

Modegunta Ramachandraiah .....APPELLANT AND Nalabolu Mrudhula and another .....RESPONDENTS ! Counsel for the Appellant : Sri Nuthalapati Krishna Murthy Counsel for implead petitioners: Sri S.S.Rama Krishna Prasad (In I.A.Nos.1 & 2 of 2023)

Counsel for the Respondents : --

< Gist :

> Head Note:

? Cases Referred:

1. 1987 (1) ALT 558

2. 1989 SCC OnLine AP 74

3. 2002 SCC OnLine AP 103

4. Order dt.10.01.2025 in CRP No.1841 of 2024 (APHC)

5. (2023) 1 SCC 349 6. (1998) 8 SCC 522

7. (2020) 10 SCC 706

8. (2023) 11 SCC 79 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL No.459 of 2023 JUDGMENT: (per Hon’ble Sri Justice Challa Gunaranjan)

Present Civil Miscellaneous Appeal arises out of order of dismissal, dated 04.05.2023, in I.A.No.406 of 2021 in un-numbered O.S. of 2023, on the file of the Principal District Judge, Nellore, SPSR Nellore District, rejecting the prayer of appellant/plaintiff to institute the Suit by declaring him as an indigent person (pauper) under Order 33 Rule 1 CPC.

2. Parties herein are referred to as they are arrayed in the Suit before the trial Court.

3. Facts leading to filing of present appeal are as follows:

Plaintiff filed present Suit for declaration of title and for consequential relief of permanent injunction against defendants. The suit schedule property consists of Ac.31.35 cents in Survey Nos.1881, 1882 and 1883 covered by Patta No.594, situated at Kothuru village, Nellore Bit-1. Plaintiff’s father M.Polaiah stated to have purchased the aforesaid land under agreement of sale, dated 15.04.1966 and he was issued passbook and has been in continuous possession and enjoyment. M.Polaiah executed Will, dated 26.08.1986, bequeathing aforesaid property in favour of plaintiff and after his death on 13.07.2001 by virtue of Will, plaintiff became absolute owner and possessor. He used to pay cist and his name has also been entered in Adangal. One Venkata Subba Reddy, who is no more, based on fabricated documents created un-registered sale deed alleged to have been executed by Dabbara Subbanna Chowdary claiming to be the owner of the very same property and got the same regularized under Section 5(A) of the A.P. Rights in Land and Pattadar Passbook Act, 1989 (for short, “the Act”) and basing on the same, he was also issued passbook. The entries made in revenue records in pursuance to aforesaid regularisation, came to be contested by plaintiff before M.R.O., R.D.O. and finally Joint Collector, vide proceedings No.(E3)/582/2013, dated 21.05.2016, relegating the parties to approach competent civil Court as there were serious title issues, however, the passbook and title deed issued in favour of late Venkata Subba Reddy were kept under abeyance. Meanwhile, Venkata Subba Reddy also filed O.S. No.309 of 2002 on the file of the 3^rd Additional Junior Civil Judge’s Court, Nellore, which came to be dismissed for default on 13.04.2016, to which neither plaintiff nor his father were parties to. As the legal heirs of late Venkata Subba Reddy tried to interfere with peaceful possession and enjoyment of plaintiff, he has instituted the aforesaid Suit. As per the statement of valuation of suit schedule prop