APHC010389062016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397]

(Special Original Jurisdiction)

MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO SECOND APPEAL NO: 66/2016 Between:

Sri Mallelli Rama Murthy (died) and Others ...APPELLANT(S)

AND Sri Mallelli Venkateswara Rao Died and Others ...RESPONDENT(S)

Counsel for the Appellant(S):

1. VENKATESWARA RAO GUDAPATI Counsel for the Respondent(S):

1. GHANTA SRIDHAR

2.

The Court made the following:

Reserved on 26.02.2026 Pronounced on 09.03.22002266: APHC:8949 Uploaded on 09.03.2026 HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO SECOND APPEAL No.66 of 2016

JUDGMENT:

This second appeal under Section 100 of the Code of Civil Procedure (“C.P.C.” for short) is filed aggrieved against the judgment and decree, dated 27.02.2006, in A.S.No.25 of 1999, on the file of the Senior Civil Judge, Kovvur, in reversing the judgment and decree, dated 07.04.1999, in O.S.No.593 of 1990, on the file of the I Additional Junior Civil Judge, Kovvur, West Godavari District.

2. The appellants herein are the defendants and the respondents herein are the plaintiffs in O.S.No.593 of 1990, on the file of the I Additional Junior Civil Judge, Kovvur, West Godavari District.

3. The plaintiffs initiated action in O.S.No.593 of 1990, on the file of the I Additional Junior Civil Judge, Kovvur, West Godavari District, with a prayer for grant of permanent injunction restraining the defendants and their men from interfering with the plaintiffs possession and enjoyment of the plaint schedule property and for costs of the suit.

4. The learned I Additional Junior Civil Judge, Kovvur, West Godavari District, dismissed the suit filed by the plaintiffs without costs. Felt aggrieved of the same, the unsuccessful plaintiffs in the above said suit filed A.S.No.25 of 1999, on the file of the Senior Civil Judge, Kovvur. The Senior Civil Judge, Kovvur, allowed the appeal suit, by setting aside the judgment and decree passed by the trial Court. Aggrieved thereby, the defendants in the suit approached this Court by way of second appeal.

5. For the sake of convenience, both parties in the second appeal will be referred to as they are arrayed in the original suit.

6. The case of the plaintiffs, in brief, as set out in the plaint averments in O.S.No.593 of 1990, is as follows:

One Siddayya had two sons by name Mukkaiah and Bheemaiah. The defendants are the sons of Mukkaiah and Bheemaiah had two sons and two daughters, by name Mallelli Venkateswara Rao/plaintiff No.1, one predeceased son Rama Dasu, Ghanta Nakshatram and Pendem Sithratnam. The plaintiffs pleaded that the deceased Rama Dasu had only one son by name Rama Krishna, who is the plaintiff No.2 and the schedule property along with another extent of northern Ac.16.00 cents originally belongs to Matripragada Bhujanga Rao and the plaintiffs predecessors paid Nazarana to the said Bhujanga Rao Zamindar and took possession of the land of an total extent of Ac.32.00 cents. The plaintiffs further pleaded that in partition of the land between the sons of Siddayya, the defendants’ father got the northern Ac.16.00 cents and the father of the plaintiff Nos.1, 3 and 4 Bheemaiah got the southern Ac.16.00 cents of land. The plaintiffs further pleaded that Mukkaiah and Bheemaiah partitioned the land and are enjoying the same separately by metes and bounds for the last more than forty years.

The plaintiffs further pleaded that their names were also entered in the Government records, showing the possession of respective persons and after the death of Mukkaiah, the estate of Mukkaiah was fell on the defendants and after the death of Bheemaiah, the plaintiffs succeeded to the estate of Bheemaiah. The plaintiffs further pleaded that Mallelli Bheemaiah during his lifetime, executed two unregistered settlement deeds dated 26.04.1984 in favour of plaintiff Nos.3 and 4 settling an extent of Ac.4.00 cents out of the schedule property to ea