HON(cid:146)BLE DR. JUSTICE B. SIVA SANKARA RAO CIVIL MISCELLANEOUS APPEAL Nos.146, 147 & 148 of 2017
COMMON JUDGMENT:
The appellant in the 3 appeals by name Ch. Rajya Lakshmi represented by her son as GPA by name Ch. Rajesh S/o Satyanarayana, is the defendant common in all the 3 suits i.e., O.S.Nos.362, 345 & 349 of 2016. The plaintiff in O.S.No.362 of 2016 is by name N.E. Ratna Kumari W/o Veera Reddy represented by GPA K.Prabhakar Rao. The plaintiff in O.S.No.345 of 2016 is MV. Narasimha Rao and the plaintiff in O.S.No.349 of
2016 is Ch. Vinoda Rao.
All the 3 suits were filed by the plaintiffs for the reliefs of permanent injunction restraining the selfsame defendant and her men from interfering with plaintiffs(cid:146) peaceful possession and enjoyment of the respective plaint schedule properties and for costs and other such reliefs. The plaint schedule properties consisting of i.e., in O.S.No.362 of 2016 consisting of Ac.6.08 cents out of full Ac.12.08 cents (with D.No.85-3(85-3B) of Didugu Village, Amaravathi Mandal, Guntur District) within the boundaries described therein, in O.S.No.345 of 2016 consists of 2 items i.e., in item No.1 Ac.2-94 cents out of Ac.10.94 cents in D.No.99/3(99/3A1) and Ac.1.28 cents in D.No.86/2A and Ac.1.47 cents out of Ac.3-93 cents in D.No.86/2C (86/2CA) = Ac.2.75 cents as item No.2, both are of Didugu Village within the boundaries described respectively and in O.S.No.349 of 2016 consists of 2 items i.e., in item No.1 Ac.4.00 cents out of Ac.10.94 cents in D.No.99/3 supra and in item No.2 Ac.1.00 cents out of Ac.11.10 cents in D.No.213 (213/B1) of Didugu Village within the boundaries described.
The claim of the plaintiffs respectively vis-(cid:224)-vis temporary injunction application averments are that the respective plaint schedule properties originally belonging to Manchineni Mahalakshmamma W/o Venu Vinoda Rao of Didugu Village, who is the legatee of her late husband vide registered will dated 19.02.1988 bequeathing the plaint schedule properties and other properties in her favour vide registered document No.2 of BK III of SRO, Amaravathi and later Vinoda Rao died testate on 19.09.1990 and consequently Mahalakshmamma as a legatee came into possession and enjoyment of the properties and while so, enjoying in her lifetime with absolute rights and possession out of love and affection said Mahalakshmamma, who is senior maternal aunt of plaintiff-Rajya Lakshmi in O.S.No.362 of 2016, paternal aunt of plaintiff in O.S.No.345 of 2016 and elder sister of mother of plaintiff in O.S.No.349 of 2016, having no children, executed registered settlement deed Nos.511, 512 & 515 of 2009 dated 06.04.2009 of SRO, Amaravathi and respective plaintiffs accepted the gift settlement and Mahalakshmamma was in possession and enjoyment as life estate holder therein and after death of Mahalakshmamma on 10.03.2016 at Guntur Hospital, the respective plaintiffs came into possession and enjoyment of the property as per the settlement deeds dated 06.04.2009. Said Mahalakshmamma also executed on the same date her last will and testament in favour of M.Nageswaramma, who is daughter of her brother M.V. Govinda Rao and Ch.Vinoda Rao vide registered document No.9/2009 Book No.III SRO, Amaravathi, including for the fixed deposits which she invested in SBI and Andhra Bank respectively of Amaravathi Branches. After the death of Mahalakshmamma, all the donees under the 3 settlement deeds (who are the plaintiffs) and beneficiaries under the will came into possession of the respective properties and revenue passbooks and title deeds issued by the Tahsildar, Amaravathi, in favour of Mahalakshmamma handed over by her to them in her lifetime for the respective properties as per the Records of Rights Act and the Tahsildar after conducting enquiry entered their names for the respective properties in the revenue records and Pahanies of Fasli 1426 and Form 1-B of ROR of that fasli also reflect their names and pattadar passbooks and title deeds prepared in favour of respective plaintiffs, but for handing over. The defendant Rajya Lakshmi with po