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2026:APHC:20645

APHC010581242025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3311]

(Special Original Jurisdiction)

Tuesday, the fifth day of May two thousand and twenty six

Present

The Honourable Ms. Justice B. S. Bhanumathi

Civil Revision Petition No.2948 of 2025

Between:

S. Jakeer Sab and others ...Petitioners

and

Shaik Usman Basha and others ...Respondents

Counsel for the petitioners:

1. N. Aswartha Narayana

Counsel for the respondents:

1. M. K. Viswanath Naidu

The Court made the following:

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C.R.P.No.2948 of 2025

ORDER

This revision petition is filed under Article 227 of the Constitution

of India against the order dated 02.09.2025 dismissing I.A.No.398 of

2024 in O.S.No.100 of 2022 on the file of the Civil Judge (Junior

Division), Uravakonda filed by the plaintiffs under Order VII, Rule 14 (3)

of C.P.C. to grant leave to file the following documents:

1. Original registered sale deed dated 21.10.2019 executed by

Bandi Rangappa S/o. Rangappa in favour of Makthum Sab,

S/o.Kanagiri Hussain Sab.

2. Original registered sale deed dated 03.10.1932 executed by

(i) Golla Anjinamma W/o. Metla Hanumappa, and (ii) Hanumakka,

W/o. Thimmappa, in favour of Makthum Sab, S/o. Kanagiri

Hussain Sab.

2. The petitioners are the plaintiffs and the respondents are the

defendants.

3. The plaintiffs filed a suit for permanent injunction against the

defendants with the averments, briefly stated, as follows:-

a. The plaintiffs are the brothers. Their father is Sabapathi Adam

Sab. The plaintiffs Nos.1 and 2 purchased the plaint schedule property

in S. No. 715 of V.Kothakota village from its original owner Sabhapati

Saleem Basha, S/o. Sabhapati Anwar Sab under separate sale deeds

dated 07.02.2022 and 09.02.2022 was purchased by the plaintiffs

respectively and have been in their possession and enjoyment. The suit

schedule properties are 400 Sq. Yds. each to the plaintiffs Nos.1 and 2.

The southern boundaries of both the items is open site in S. No. 714-A.

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C.R.P.No.2948 of 2025

b. (i) Ac.0.09 cents out of the Ac.4.26 cents in S.No.714-A in

V.Kothakota village gram panchayat belonged to Sk.Kasim Sab and his

son Ibrahim Sab. They sold the property to Sk.Abbas, the father of the

defendants, under a registered sale deed dated 27.04.1977.

(ii) Ac.0.20 cents out of Ac.4.26 cents in S.No.714-A in the same

village originally belonged to Mahaboob Dhoula Sab and Adam Sab

who are the sons of Sabhapathi Chinna Masthan Sab. They sold the

above said property to Sk.Abbas who is the father of the defendants

under a registered sale deed dated 09.07.1982.

(iii)Thus, the father of the defendants owned, possessed and

enjoyed a total extent of Ac.0.29 cents in S.No.714-A of V.Kothakota

village.

(iv) After demise of Sk.Abbas, his sons and daughters partitioned

their ancestral properties, including the property in S.No.714-A, through

a registered partition deed dated 22.10.2016 bearing No.2905 of 2016.

c. The defendants are the strangers to the plaint schedule property.

However, with a malafide intention to grab the plaint schedule property,

after they got their properties partitioned, again obtained a registered

rectification deed of partition dated 02.06.2022 with false allegation by

altering the S.No.714-A to S.No.715 without having any right over the

land in S.No.715.

4. The defendants Nos.1 to 4 filed a written statement with the

averments, briefly stated as follows:

a. It is true that the father of the defendants purchased 29 cents out

of Ac.4.26 cents in Sy.No.714-A under the registered sale deeds dated

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C.R.P.No.2948 of 2025

27.04.1977 & 09.07.1982; and that the property of the father of the

defendants was partitioned by his sons and daughters under the

registered partition deed dated 22.10.2016 as stated in the plaint.

b. It is false that the defendants got the rectification partition deed

executed with a malafide intention to grab the plaint schedule property.

The plaintiffs have to independently prove their title and possessio