APHC010466112009 2025:APHC:63100 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3367]
(Special Original Jurisdiction)
FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS APPEAL SUIT NOs: 156 and 372 OF 2009 Between in A.S.No.156 of 2009:
1. A.V.SRIDHAR REDDY, CHITTOOR DISTRICT AND 6 OTHERS, S/O. LATE VARADA REDDY AGRICULTURE PRESENTLY RESIDING AT PERIAMBADI (V), YADAMANI MANDAL, CHITTOOR DISTRICT.
2. R.SUDHAKAR REDDY, S/O. RAMACHANDRA REDDY R/O. BANDLA STREET, TIRUPATI, CHITTOOR DISTRICT.
3. G.KUMARASWAMY REDDY, S/O. KRISHNA REDDY (DIED)
4. GUNDALA PARANDHAMA REDDY, S/O. LATE KUMARASWAMY REDDY R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALAJA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
5. GUNDALA PATTABHI REDDY, S/O. LATE KUMARASWAMY REDDY R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALAJA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
6. GUNDALA KAMALAMMA, W/O. LATE KUMARASWAMY REDDY R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALAJA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
7. SMT. P.ESWARI, W/O. P.KULASEKHAR REDDY R/O.
PERIYAMITTUR, H/O. VENNAMPALLE, WALAJA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
8. SMT.CHITRA, W/O.LATE PATABHI REDDY, AGED ABOUT
37 YEARS, OCCUPATION .PVT. EMPLOYEE.
9. G.DIKSHITHA, D/O.LATE PATABHI REDDY, AGED ABOUT 11 YEARS, OCCUPATION . STUDENT
10. G.ANUSHA, D/O.LATE PATABHI REDDY, AGED ABOUT 8 YEARS, OCCUPATION STUDENT PETITIONERS 9 AND 10 ARE MINORS BEING REPRESENTED BY NATURAL MOTHER PETITIONER NO.8. PETITIONERS 8 TO 10 ARE RESIDENT OF PERIYAMITTOOR VILLAGE, KATPADI TALUK, VELLORE DISTRICT, TAMIL NADU. PETITIONER NOS. 8 TO 10 ARE BROUGHT ON RECORD AS LRS OF DECEASED PETITIONER NO.5. VIDE COURT ORDER DATED 05.11.2024 IN I.A.NO.3 OF
2019 IN A.S.NO.156 OF 2009.
...APPELLANT(S)
AND
1. CH RAMANAIAH TIRUPATI CHITTOOR DISTRICT 6 OTHERS, S/O. NOT KNOWN BUSINESS R/O. GREENS PARK APARTMENTS, D.R. MAHAL RAOD, TIRUPATI, CHITTOOR DISTRICT.
2. D SIBBA REDDY, S/O. JAYARAMI REDDY BUSINESS R/O.
TATAIAHGUNTA KATTA, TIRUPATI, CHITTOOR DISTRICT.
3. G VENKATARAMAKRISHNA RAO, S/O. LAKSHMI NARASIMHA RAO BUSINESS R/O. STREET NO. 10, PLOT NO. 9, TARNAKA, SECUNDERABAD.
4. T DEVANARAYANA REDDY, S/O. ADISESHA REDDY PENSIONER R/O. TIRUCHANUR ROAD, CHITTOOR DISTRICT.
5. SOORA MANJULA, W/O. LATE SOORA MUNINATHA REDDY HOUSE WIFE R/O. PLOT NO.53, NEW BALAJI COLONY, TIRUPATI, CHITTOOR DISTRICT.
6. SOORA VENKATA SAI, S/O. LATE SOORA MUNINATHA REDDY R/O. PLOT NO.53, NEW BALAJI COLONY, TIRUPATI, CHITTOOR DISTRICT.
7. SOORA MAMATHA, W/O. VIJAYA REDDY HOUSE WIFE R/O. PLOT NO.53, NEW BALAJI COLONY, TIRUPATI, CHITTOOR DISTRICT.
...RESPONDENT(S):
Between in A.S.No.372 of 2009:
1. SMT. SOORA MANJULA & 2 OTHERS, TIRUPATHI, CHITTOOR DISTRICT, W/O. LATE SOORA MUNINATHA REDDY R/O. FLAT NO. 53, NEW BALAJI COLONY, TIRUPATHI, CHITTOOR DISTRICT.
2. SOORA VENKATA SAI, S/O. LATE SOORA MUNINATHA REDDY R/O. FLAT NO. 53, NEW BALAJI COLONY, TIRUPATHI, CHITTOOR DISTRICT.
3. SOORA MAMATHA, W/O. VIJAYA REDDY HOUSEWIFE R/O. FLAT NO. 53, NEW BALAJI COLONY, TIRUPATHI, CHITTOOR DISTRICT.
...APPELLANT(S)
AND
1. A V SRIDHAR REDDY TIRUPATHI CHITTOOR DISTRICT AND 10 OTHRS, S/O. VARDHA REDDY AGRICULTURIST TEMPORARILY RESIDING AT: TIRUPATHI, CHITTOOR DISTRICT.
2. S SUDHAKAR REDDY, S/O. RAMACHANDRA REDDY R/O. BANDLA STREET, TIRUPATHI.
3. G KUMAR SWAMY REDDY DIED, S/O. KRISHNA REDDY 4. G PRARANDHAMA REDDY, S/O. LATE KUMARASWAMY REDDY AGRICULTURE R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
5. G PATTABHI REDDY, S/O. LATE KUMARASWAMY REDDY AGRICULTURE R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
6. G KOMALAMMA, W/O. LATE KUMARASWAMY REDDY AGRICULTURE R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
7. P ESWARI, W/O. P.KULASEKHAR REDDY AGRICULTURE R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
8. CH RAMANAIAH, S/O. NOT KNOWN BUSINESS R/O.
GREENS PARK APARTMENTS, D.R.MAHAL ROAD, TIRUPATHI.
9. D SIDDA REDDY, S/O. JAYARAMI REDDY BUSINESS R/O. TATAIAHGUNTA KATTA, TIRUPATHI, CHITTOOR DISTRICT.
10. G VENKATARAMA KRISHNA RAO, S/O.
LAKSHMINARAYANA RAO BUSINESS STREET NO. 10, PLOT NO.9, TARNAKA, SECUNDERABAD, A.P.
11. T DEVANARAYANA REDDY, S/O. ADISESHA REDDY PENSIONER R/O. TIRUCHANUR ROAD, CHITTOOR DISTRICT.
12. T VIJAYA LAKSHMI, W/O.LATE T.DEVANARAYANA REDDY, AGED ABOUT 70 YEARS, R/O.D.NO.19-9-4, TIRUCHANUR ROAD, TIRUPATHI, TIRUPATI DISTRICT.
13. T LALITHA KUMAR, S/O.LATE T.DEVANARAYANA REDDY, AGED ABOUT 26 YEARS, R/O.D.NO.19-9-4, TIRUCHANUR ROAD, TIRUPATHI, TIRUPATI DISTRICT.
14. T RAVI KUMAR, S/O.LATE T.DEVANARAYANA REDDY, AGED ABOUT 24 YEARS, R/O.D.NO.19-9-4, TIRUCHANUR ROAD, TIRUPATHI, TIRUPATI DISTRICT.
15. T MADHULATHA, D/O.LATE T.DEVANARAYANA REDDY, AGED ABOUT 26 YEARS, R/O.D.NO.19-9-4, TIRUCHANUR ROAD, TIRUPATHI, TIRUPATI DISTRICT.
16. G CHITRA, W/O.LATE PATABHI REDDY, AGED ABOUT
41 YEARS, RESIDENT OF PERIYAMITTOOR VILLAGE, KATPADI TALUK, VELLORE DISTRICT, TAMILNADU.
17. G DAKSHITHA, D/O.LATE PATABHI REDDY, AGED ABOUT 15 YEARS, RESIDENT OF PERIYAMITTOOR VILLAGE, KATPADI TALUK, VELLORE DISTRICT, TAMILNADU.
18. G ANUSHA, D/O.LATE PATABHI REDDY, AGED ABOUT
12 YEARS, RESIDENT OF PERIYAMITTOOR VILLAGE, KATPADI TALUK, VELLORE DISTRICT, TAMILNADU. (PROPOSED PARTIES/ RESPONDENTS NO. 17 AND 18 ARE MINOR DAUGHTERS OF LATE G.PATTABHI REDDY, DULY REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER I.E., RESPONDENT NO.16.) RESPONDENT NOS. 16 TO 18 ARE BROUGHT ON RECORD AS LRS OF DECEASED RESPONDENT NO.5. VIDE COURT ORDER DATED 05.11.2024 IN I.A.NO.6 OF
2023 IN A.S.NO.372 OF 2009.
...RESPONDENT(S):
Appeals against the judgment and decree dated 26-2-2009 in O.S. No. 38 of 2002 on the file of the Court of the IV Additional District Judge, Tirupati, Chittoor District. IA NO: 1 OF 2009(ASMP 508 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant injunction restraining the respondents herein from interfering with the petitioner's peaceful possession and enjoyment of the suit schedule property in Sy.No.496/5 of Tirupati Revenue Village in O.S.No.38 of 2002, IV Additional District Judge, Tirupati situated at Tirupati town, Chittoor District, pending disposal of the above appeal and to pass such other order or orders as this Hon'ble Court deems fit and proper in the interest of justice.
IA NO: 2 OF 2009(ASMP 509 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to alienate or create any third party's right over the suit schedule property in Sy.No. 496/5 of Tirupati Revenue Village, situated at Tirupati town, Chittoor District in O.S.No. 38 of 2002, IV Additional District Judge, pending disposal of the above appeal and to pass such other order or orders as this Hon'ble Court deems fit and proper in the interest of justice.
IA NO: 3 OF 2009(ASMP 1233 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 26-03-2009 granted in ASMP. No. 508 of 2009 in A.S.No.156 of
2009.
IA NO: 4 OF 2009(ASMP 1234 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 26-03-2009 granted in ASMP. No. 509 of 2009 in A.S.No.156 of
2009.
IA NO: 5 OF 2009(ASMP 1473 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date for hearing of A.S.No. 156 of 2009.
IA NO: 1 OF 2010(ASMP 1688 OF 2010 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date for hearing of AS No. 156 of 2009, preferably in the 1st week of September, 2010.
IA NO: 1 OF 2015(ASMP 1342 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date of hearing of the appeal in AS.No. 156 of 2009 IA NO: 2 OF 2015(ASMP 1501 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the registry to list the appeals bearing A.S.No.372 of 2009 and A.S.No.842 of 2011 along with appeal bearing A.S.No.156 of 2009 IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone delay 1539 days in filing the LR petition the above appeal AS.No.156 of 2009 and pass IA NO: 2 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the abatement against the above appeal AS.No.156 of 2009 and pass IA NO: 3 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioners 8 to 10 to come on record as appellants 8 to 10 as LRs of petitioner No.5, in the above appeal A.S.No.156 of 2009 and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the registry to delete A.S.156 of 2009 and A.S.372 of 2009 from being listed along with A.S.842 of 2011, A.S. 431 of 2007 and post the appeals A.S.156 of 2009 and A.S.372 of 2009 separately before the Division Bench for hearing and pass. IA NO: 1 OF 2009(ASMP 1164 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant ad interim injunction restraining the respondents in not interfering with the suit schedule property and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
IA NO: 2 OF 2009(ASMP 1165 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of operation of the judgment and decree passed in O.S. No. 38 of 2002 on the file of the IV Additional District Judge, Tirupati pending disposal of the above appeal suit and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
IA NO: 1 OF 2012(ASMP 433 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to club AS.No.372 of 2009 along with AS.No.156 of 2009 AS.No.431 of 2007 and AS.No.842 of
2011 for disposal IA NO: 1 OF 2015(ASMP 1453 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date of hearing of the appeal AS.No.372 of 2009 IA NO: 2 OF 2015(ASMP 1502 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the registry to list the appeals bearing AS.No.156 of 2009, AS.No.431 of 2007 and AS.No.842 of 2011 along with appeal bearing AS.No.372 of 2009 IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to condone the delay of 102 days in filing the Legal Representatives Petition in respect of Respondent No.11 in A.S.No.372 of 2009 pending before this Hon'ble Court and to pass IA NO: 2 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to permit the appellants to set aside the abetment in respect of Respondent No.11 in A.S.No.372 of 2009 pending before this Hon'ble Court and to pass IA NO: 3 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to permit the appellants to implead the Respondents No.12 to 15 as LRs of the Respondent No.11 viz., Late T. Devanarayana Reddy in A.S.No.372 of 2009 and also in all Interlocutory Applications, pending before this Hon'ble Court, and to pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to order /direct for transposition of the Petitioner's /Appellants herein from Defendants No.5 to 7 in O.S. 38 of 2002 to the status of Plaintiffs No. 8, 9 & 10 in O.S. 38 of 2002 on the file of the Learned IV Additional District Judge, Tirupati, and pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive as additional evidence on our behalf, the documents more fully annexed along with this petition, by condoning the delay in the interest of justice and pass IA NO: 3 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to frame additional issues as stated supra in the interest of justice and to pass IA NO: 4 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to condone the delay of 2940 days in filing the Legal Representatives Petition in respect of Respondent No.11 in A.S.No.372 of 2009 pending before this Hon'ble Court and to pass IA NO: 5 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to permit the appellants to set aside the abetment in respect of Respondent No.5 in A,S.No.372 of 2009 pending before this Hon'ble Court and to pass IA NO: 6 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to permit the appellants to implead the Respondents No.16 to 18 as LRs of the Respondent No.5viz., Late G. Pattabhi Reddy S/o Late Kumara Swamy Reddy in A.S.No.372 of 2009 and also in all Interlocutory Applications, pending before this Hon'ble Court, and to pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to amend the prayer in I.A.No.2 of 2023 in A.S.No.372 of 2019 as “to receive as additional evidence on our behalf, the documents more fully described herein in the annexed petition, by condoning the delay in the interest of justice and remit this appeal to the IV additional District Court at Tirupati for receiving further evidence, pending disposal of the main Appeal, in the interest of justice” Instead of “to receive as additional evidence on our behalf, the documents more fully described herein in the annexed petition, by condoning the delay in the interest of justice” and to pass Counsel for the Appellant(S) in A.S.No.156 of 2009:
1. G RAGHUPATHI REDDY 2. NOOKA JAGANNADHAM
3. RADHA KRISHNA LANKISETTI Counsel for the Respondent(S):
1. NEELAM SANKARA RAO
2. J PRABHAKAR
3. P GOVIND REDDY 4. Y N VIVEKANANDA Counsel for the Appellant(S) in A.S.No.372 of 2009:
Y N VIVEKANANDA Counsel for the Respondent(S):
1. NOOKA JAGANNADHAM
2. VEDULA SRINIVAS The Court made the following:
APHC010466112009 2025:APHC:63100 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3367]
(Special Original Jurisdiction)
FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS APPEAL SUIT NOs: 156 and 372 OF 2009 Between in A.S.No.156 of 2009:
1. A.V.SRIDHAR REDDY, CHITTOOR DISTRICT AND 6 OTHERS, S/O. LATE VARADA REDDY AGRICULTURE PRESENTLY RESIDING AT PERIAMBADI (V), YADAMANI MANDAL, CHITTOOR DISTRICT.
2. R.SUDHAKAR REDDY, S/O. RAMACHANDRA REDDY R/O. BANDLA STREET, TIRUPATI, CHITTOOR DISTRICT.
3. G.KUMARASWAMY REDDY, S/O. KRISHNA REDDY (DIED)
4. GUNDALA PARANDHAMA REDDY, S/O. LATE KUMARASWAMY REDDY R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALAJA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
5. GUNDALA PATTABHI REDDY, S/O. LATE KUMARASWAMY REDDY R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALAJA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
6. GUNDALA KAMALAMMA, W/O. LATE KUMARASWAMY REDDY R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALAJA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
7. SMT. P.ESWARI, W/O. P.KULASEKHAR REDDY R/O.
PERIYAMITTUR, H/O. VENNAMPALLE, WALAJA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
8. SMT.CHITRA, W/O.LATE PATABHI REDDY, AGED ABOUT
37 YEARS, OCCUPATION .PVT. EMPLOYEE.
9. G.DIKSHITHA, D/O.LATE PATABHI REDDY, AGED ABOUT 11 YEARS, OCCUPATION . STUDENT
10. G.ANUSHA, D/O.LATE PATABHI REDDY, AGED ABOUT 8 YEARS, OCCUPATION STUDENT PETITIONERS 9 AND 10 ARE MINORS BEING REPRESENTED BY NATURAL MOTHER PETITIONER NO.8. PETITIONERS 8 TO 10 ARE RESIDENT OF PERIYAMITTOOR VILLAGE, KATPADI TALUK, VELLORE DISTRICT, TAMIL NADU. PETITIONER NOS. 8 TO 10 ARE BROUGHT ON RECORD AS LRS OF DECEASED PETITIONER NO.5. VIDE COURT ORDER DATED 05.11.2024 IN I.A.NO.3 OF
2019 IN A.S.NO.156 OF 2009.
...APPELLANT(S)
AND
1. CH RAMANAIAH TIRUPATI CHITTOOR DISTRICT 6 OTHERS, S/O. NOT KNOWN BUSINESS R/O. GREENS PARK APARTMENTS, D.R. MAHAL RAOD, TIRUPATI, CHITTOOR DISTRICT.
2. D SIBBA REDDY, S/O. JAYARAMI REDDY BUSINESS R/O.
TATAIAHGUNTA KATTA, TIRUPATI, CHITTOOR DISTRICT.
3. G VENKATARAMAKRISHNA RAO, S/O. LAKSHMI NARASIMHA RAO BUSINESS R/O. STREET NO. 10, PLOT NO. 9, TARNAKA, SECUNDERABAD.
4. T DEVANARAYANA REDDY, S/O. ADISESHA REDDY PENSIONER R/O. TIRUCHANUR ROAD, CHITTOOR DISTRICT.
5. SOORA MANJULA, W/O. LATE SOORA MUNINATHA REDDY HOUSE WIFE R/O. PLOT NO.53, NEW BALAJI COLONY, TIRUPATI, CHITTOOR DISTRICT.
6. SOORA VENKATA SAI, S/O. LATE SOORA MUNINATHA REDDY R/O. PLOT NO.53, NEW BALAJI COLONY, TIRUPATI, CHITTOOR DISTRICT.
7. SOORA MAMATHA, W/O. VIJAYA REDDY HOUSE WIFE R/O. PLOT NO.53, NEW BALAJI COLONY, TIRUPATI, CHITTOOR DISTRICT.
...RESPONDENT(S):
Between in A.S.No.372 of 2009:
1. SMT. SOORA MANJULA & 2 OTHERS, TIRUPATHI, CHITTOOR DISTRICT, W/O. LATE SOORA MUNINATHA REDDY R/O. FLAT NO. 53, NEW BALAJI COLONY, TIRUPATHI, CHITTOOR DISTRICT.
2. SOORA VENKATA SAI, S/O. LATE SOORA MUNINATHA REDDY R/O. FLAT NO. 53, NEW BALAJI COLONY, TIRUPATHI, CHITTOOR DISTRICT.
3. SOORA MAMATHA, W/O. VIJAYA REDDY HOUSEWIFE R/O. FLAT NO. 53, NEW BALAJI COLONY, TIRUPATHI, CHITTOOR DISTRICT.
...APPELLANT(S)
AND
1. A V SRIDHAR REDDY TIRUPATHI CHITTOOR DISTRICT AND 10 OTHRS, S/O. VARDHA REDDY AGRICULTURIST TEMPORARILY RESIDING AT: TIRUPATHI, CHITTOOR DISTRICT.
2. S SUDHAKAR REDDY, S/O. RAMACHANDRA REDDY R/O. BANDLA STREET, TIRUPATHI.
3. G KUMAR SWAMY REDDY DIED, S/O. KRISHNA REDDY 4. G PRARANDHAMA REDDY, S/O. LATE KUMARASWAMY REDDY AGRICULTURE R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
5. G PATTABHI REDDY, S/O. LATE KUMARASWAMY REDDY AGRICULTURE R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
6. G KOMALAMMA, W/O. LATE KUMARASWAMY REDDY AGRICULTURE R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
7. P ESWARI, W/O. P.KULASEKHAR REDDY AGRICULTURE R/O. PERIYAMITTUR, H/O. VENNAMPALLE, WALA TALUK, NORTH ARCOT DISTRICT, TAMIL NADU.
8. CH RAMANAIAH, S/O. NOT KNOWN BUSINESS R/O.
GREENS PARK APARTMENTS, D.R.MAHAL ROAD, TIRUPATHI.
9. D SIDDA REDDY, S/O. JAYARAMI REDDY BUSINESS R/O. TATAIAHGUNTA KATTA, TIRUPATHI, CHITTOOR DISTRICT.
10. G VENKATARAMA KRISHNA RAO, S/O.
LAKSHMINARAYANA RAO BUSINESS STREET NO. 10, PLOT NO.9, TARNAKA, SECUNDERABAD, A.P.
11. T DEVANARAYANA REDDY, S/O. ADISESHA REDDY PENSIONER R/O. TIRUCHANUR ROAD, CHITTOOR DISTRICT.
12. T VIJAYA LAKSHMI, W/O.LATE T.DEVANARAYANA REDDY, AGED ABOUT 70 YEARS, R/O.D.NO.19-9-4, TIRUCHANUR ROAD, TIRUPATHI, TIRUPATI DISTRICT.
13. T LALITHA KUMAR, S/O.LATE T.DEVANARAYANA REDDY, AGED ABOUT 26 YEARS, R/O.D.NO.19-9-4, TIRUCHANUR ROAD, TIRUPATHI, TIRUPATI DISTRICT.
14. T RAVI KUMAR, S/O.LATE T.DEVANARAYANA REDDY, AGED ABOUT 24 YEARS, R/O.D.NO.19-9-4, TIRUCHANUR ROAD, TIRUPATHI, TIRUPATI DISTRICT.
15. T MADHULATHA, D/O.LATE T.DEVANARAYANA REDDY, AGED ABOUT 26 YEARS, R/O.D.NO.19-9-4, TIRUCHANUR ROAD, TIRUPATHI, TIRUPATI DISTRICT.
16. G CHITRA, W/O.LATE PATABHI REDDY, AGED ABOUT
41 YEARS, RESIDENT OF PERIYAMITTOOR VILLAGE, KATPADI TALUK, VELLORE DISTRICT, TAMILNADU.
17. G DAKSHITHA, D/O.LATE PATABHI REDDY, AGED ABOUT 15 YEARS, RESIDENT OF PERIYAMITTOOR VILLAGE, KATPADI TALUK, VELLORE DISTRICT, TAMILNADU.
18. G ANUSHA, D/O.LATE PATABHI REDDY, AGED ABOUT
12 YEARS, RESIDENT OF PERIYAMITTOOR VILLAGE, KATPADI TALUK, VELLORE DISTRICT, TAMILNADU. (PROPOSED PARTIES/ RESPONDENTS NO. 17 AND 18 ARE MINOR DAUGHTERS OF LATE G.PATTABHI REDDY, DULY REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER I.E., RESPONDENT NO.16.) RESPONDENT NOS. 16 TO 18 ARE BROUGHT ON RECORD AS LRS OF DECEASED RESPONDENT NO.5. VIDE COURT ORDER DATED 05.11.2024 IN I.A.NO.6 OF
2023 IN A.S.NO.372 OF 2009.
...RESPONDENT(S):
Appeals against the judgment and decree dated 26-2-2009 in O.S. No. 38 of 2002 on the file of the Court of the IV Additional District Judge, Tirupati, Chittoor District. IA NO: 1 OF 2009(ASMP 508 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant injunction restraining the respondents herein from interfering with the petitioner's peaceful possession and enjoyment of the suit schedule property in Sy.No.496/5 of Tirupati Revenue Village in O.S.No.38 of 2002, IV Additional District Judge, Tirupati situated at Tirupati town, Chittoor District, pending disposal of the above appeal and to pass such other order or orders as this Hon'ble Court deems fit and proper in the interest of justice.
IA NO: 2 OF 2009(ASMP 509 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to alienate or create any third party's right over the suit schedule property in Sy.No. 496/5 of Tirupati Revenue Village, situated at Tirupati town, Chittoor District in O.S.No. 38 of 2002, IV Additional District Judge, pending disposal of the above appeal and to pass such other order or orders as this Hon'ble Court deems fit and proper in the interest of justice.
IA NO: 3 OF 2009(ASMP 1233 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 26-03-2009 granted in ASMP. No. 508 of 2009 in A.S.No.156 of
2009.
IA NO: 4 OF 2009(ASMP 1234 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 26-03-2009 granted in ASMP. No. 509 of 2009 in A.S.No.156 of
2009.
IA NO: 5 OF 2009(ASMP 1473 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date for hearing of A.S.No. 156 of 2009.
IA NO: 1 OF 2010(ASMP 1688 OF 2010 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date for hearing of AS No. 156 of 2009, preferably in the 1st week of September, 2010.
IA NO: 1 OF 2015(ASMP 1342 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date of hearing of the appeal in AS.No. 156 of 2009 IA NO: 2 OF 2015(ASMP 1501 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the registry to list the appeals bearing A.S.No.372 of 2009 and A.S.No.842 of 2011 along with appeal bearing A.S.No.156 of 2009 IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone delay 1539 days in filing the LR petition the above appeal AS.No.156 of 2009 and pass IA NO: 2 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the abatement against the above appeal AS.No.156 of 2009 and pass IA NO: 3 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioners 8 to 10 to come on record as appellants 8 to 10 as LRs of petitioner No.5, in the above appeal A.S.No.156 of 2009 and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the registry to delete A.S.156 of 2009 and A.S.372 of 2009 from being listed along with A.S.842 of 2011, A.S. 431 of 2007 and post the appeals A.S.156 of 2009 and A.S.372 of 2009 separately before the Division Bench for hearing and pass. IA NO: 1 OF 2009(ASMP 1164 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant ad interim injunction restraining the respondents in not interfering with the suit schedule property and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
IA NO: 2 OF 2009(ASMP 1165 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of operation of the judgment and decree passed in O.S. No. 38 of 2002 on the file of the IV Additional District Judge, Tirupati pending disposal of the above appeal suit and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
IA NO: 1 OF 2012(ASMP 433 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to club AS.No.372 of 2009 along with AS.No.156 of 2009 AS.No.431 of 2007 and AS.No.842 of
2011 for disposal IA NO: 1 OF 2015(ASMP 1453 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date of hearing of the appeal AS.No.372 of 2009 IA NO: 2 OF 2015(ASMP 1502 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the registry to list the appeals bearing AS.No.156 of 2009, AS.No.431 of 2007 and AS.No.842 of 2011 along with appeal bearing AS.No.372 of 2009 IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to condone the delay of 102 days in filing the Legal Representatives Petition in respect of Respondent No.11 in A.S.No.372 of 2009 pending before this Hon'ble Court and to pass IA NO: 2 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to permit the appellants to set aside the abetment in respect of Respondent No.11 in A.S.No.372 of 2009 pending before this Hon'ble Court and to pass IA NO: 3 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to permit the appellants to implead the Respondents No.12 to 15 as LRs of the Respondent No.11 viz., Late T. Devanarayana Reddy in A.S.No.372 of 2009 and also in all Interlocutory Applications, pending before this Hon'ble Court, and to pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to order /direct for transposition of the Petitioner's /Appellants herein from Defendants No.5 to 7 in O.S. 38 of 2002 to the status of Plaintiffs No. 8, 9 & 10 in O.S. 38 of 2002 on the file of the Learned IV Additional District Judge, Tirupati, and pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive as additional evidence on our behalf, the documents more fully annexed along with this petition, by condoning the delay in the interest of justice and pass IA NO: 3 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to frame additional issues as stated supra in the interest of justice and to pass IA NO: 4 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to condone the delay of 2940 days in filing the Legal Representatives Petition in respect of Respondent No.11 in A.S.No.372 of 2009 pending before this Hon'ble Court and to pass IA NO: 5 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to permit the appellants to set aside the abetment in respect of Respondent No.5 in A,S.No.372 of 2009 pending before this Hon'ble Court and to pass IA NO: 6 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to permit the appellants to implead the Respondents No.16 to 18 as LRs of the Respondent No.5viz., Late G. Pattabhi Reddy S/o Late Kumara Swamy Reddy in A.S.No.372 of 2009 and also in all Interlocutory Applications, pending before this Hon'ble Court, and to pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to amend the prayer in I.A.No.2 of 2023 in A.S.No.372 of 2019 as “to receive as additional evidence on our behalf, the documents more fully described herein in the annexed petition, by condoning the delay in the interest of justice and remit this appeal to the IV additional District Court at Tirupati for receiving further evidence, pending disposal of the main Appeal, in the interest of justice” Instead of “to receive as additional evidence on our behalf, the documents more fully described herein in the annexed petition, by condoning the delay in the interest of justice” and to pass Counsel for the Appellant(S) in A.S.No.156 of 2009:
1. G RAGHUPATHI REDDY 2. NOOKA JAGANNADHAM
3. RADHA KRISHNA LANKISETTI Counsel for the Respondent(S):
1. NEELAM SANKARA RAO
2. J PRABHAKAR
3. P GOVIND REDDY 4. Y N VIVEKANANDA Counsel for the Appellant(S) in A.S.No.372 of 2009:
Y N VIVEKANANDA Counsel for the Respondent(S):
1. NOOKA JAGANNADHAM
2. VEDULA SRINIVAS The Court made the following:
COMMON JUDGMENT:
These regular appeals under Section 96 Code of Civil Procedure are directed against the decree and judgment in O.S.No.38 of 2002 dated 26.02.2009 on the file of the Court of learned IV Additional District Judge at Tirupati.
2. The plaintiffs, before the Trial Court, are the appellants in A.S.No.156 of 2009 as well the defendant Nos.5 to 7, before the Trial Court, are the appellants in A.S.No.372 of 2009.
3. For the sake of convenience, the parties hereinafter referred to as they arrayed before the Trial Court.
4. The plaintiffs, who are appellants in A.S.No.156 of 2009, instituted the suit for permanent injunction restraining the defendants, their men, agents or anybody claiming under them from in anyway interfering with the peaceful possession and enjoyment of the plaint schedule property by the plaintiffs and for costs.
5. During the pendency of the suit, the plaintiff No.3 died and his legal representatives were added as plaintiff Nos.4 to 7, vide order dated 10.06.2005 passed in I.A.No.178 of 2005, by the Trial Court.
6. As well, the defendant Nos.5 to 7, who are appellants in A.S.No.372 of 2009, were also impleaded by themselves, vide order, dated 03.04.2006 passed in I.A.No.01 of 2006 by the Trial Court.
7. Before adverting to the material and evidence on record and nature of findings in the judgment of the Trial Court, it is necessary to scan through the case pleaded by the parties in their respective pleadings.
8. The case of the plaintiffs in brief in the plaint was as follows:
(i) The plaintiffs are related to each other and they purchased the suit schedule property from one T.Veeramma and P.Lakshmi Devi under an agreement of sale dated 09.05.1980 and possession was delivered to them on the date of agreement itself. Then the plaintiffs obtained three sale deeds dated 05.11.1990, 15.11.1990 and 23.11.1990 and enjoying the entire plaint schedule property, which is covered in ‘A’ schedule as three items and consolidated as ‘B’ schedule.
(ii) The plaint schedule land used an agricultural land. As the town developed, the plaintiffs could not cultivate the same. With an intention to dispose of the property by making into parts, they have reclaimed the land in the last week of October 1999. They leveled the plaint schedule property which is part and parcel of ‘A’ schedule property and made it ready to make layout.
(iii) The defendant No.4 is the cousin of the vendors of the plaintiffs and they had some misunderstandings since a long time. Defendant Nos.1 to 4 have no manner of right over the plaint schedule property. The defendant Nos.1 to 3 with due connivance of the defendant No.4, about a week back came to the plaint schedule property and objected the plaintiffs that they are having right over the property in Survey No.496/2.
(iv) Originally, the land in Survey No.496 was sub- divided into five sub-divisions i.e., 496/1 to 496/5. The plaint schedule property is situated in Survey No.496/5 and none of the defendants have right, title or interest over the plaint schedule property. The defendants with an evil intention to knock away the plaint schedule property, tried to dispossess the plaintiffs on 13.11.1999 and 14.11.1999. Hence, the suit.
9. The defendant Nos.1 and 2 failed to contest the case before the Trial Court and they remained exparte.
10. The defendant No.3 denying all the allegations in the plaint and contending in the written statement as well additional written statement as follows:
i). There is no agreement of sale dated 05.09.1980 in favour of the plaintiffs. In the legal notices dated 20.01.1982 and 07.06.1984 issued by Veeramma to this defendant, she only claimed an undivided share in the suit land along with this defendant’s vendors. There is no mention that she was the absolute owner, in exclusive possession, or that she executed an agreement of sale dated 09.05.1980 in favor of the plaintiffs.
ii). The present suit is the result of conspiracy and collusion between Defendant No. 4 and the plaintiffs. A
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