Sathu Ram Mohan Reddy vs Shinangi Ravi and 19 others - 2024 Supreme(Online)(Telangana) 45542

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2024 Supreme(Online)(Telangana) 45542

IN THE HIGH COURT FOR THE ^STATE^OF^TELANGANA
AT HYDERABAD
TUESDAY, THE TWELFTH DAY OF ^MARCH
TWO THOUSAND AND TWENW FOUR
PRESENT
THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ^ALISHETry
ctVIL REVISION PETITION NO: 832 OF 2023
Petition under Article 227 of the ^Constitutlon^of^lndia,^aggrieved^by^the
order dated. 03.01.2023, ^passedin ^|.A.No.151^ot²⁰²²ⁱⁿ^1.A.No.805^of²⁰¹⁸ⁱⁿ
O.S.No.2198 of 2018 on the file of ^the^Court^{of the I}^{Additional Senior}^Civil
Judge-Cum-Chief-Metropolitan ^{Magistrate-Cum-Assistant}^Sessions^Judge,
Ranga Reddy District at LB Nagar.
Between:
Sathu Ram Mohan Reddy, S/o. S. Sri. ^Krishna^Reddy^{Aged about 59 years,}^C)cc
Medical Practice R/o. H. No. 16- 8- ^240161C,^New^Malakpet,^Hyderabad.
...PETITIONER/PLAI NTIFF
AND
1. Shinangi Ravi, S/o. late S. Musaiah ^{Aged about}⁴¹^{years, Occ Business}^R"/o.
H. No. 3- 4- 811118, NTR Nagar, Mallapur ^{Village, Uppal}^Mandal,^Medchal-
Malkajgiri District.
2. Shinangi Mallesh @ Mallaiah, S/o. Late ^S.^Yellaiah^{Aged about}⁵⁷^years,^Occ
Business Rio. H. No. 1- 6112, Old ^Mallapur^{Village Uppal}^Mandal,^MedchaL
Malkajgiri District.
3. Shinangi Bhaskar, S/o. Late S. ^{Musaiah AQed}^about³⁷^years,^Occ^Business
R/o. H. No. 3- 4- 811117, NTR Nagar, ^Mallapur^{Village, Uppal}^Mandal,
lvtedchal- Malkajgiri District.
4. Shinangi Jangaiah, S/o. Late S. Narsimha ^Aged^about⁷⁰^years,^Occ
Business R/o. H. No. 5- 8, Thorrur ^{Village Abdullapur}^Met^Mandal,^Ranga
Reddy District.
5. Shinangi Anjaneyulu, S/o. S. Jangaiah ^Aged^about³⁶^{years, Occ}^agriculture
R/o. H. No. 5- 8, Thorrur Village ^Abdullapur^Met^Mandal,^Ranga^Reddy
District.
6. Shinangi Shiva Kumar, S/o. S. ^Jangaiah^{Aged about}³²^years,^Occ
Agriculture R/o. H. No. 5-8, Thorrur ^Village^{Abdullapur Met}^Mandal,^Ranga
Reddy Clistrict.
7. Shinangi Bikshapathi, S/o. S. ^Venkaiah^{Aged about}⁷⁰^years,^{Occ Agriculture}
R/o. H- No. 1-87, Thorrur ^{Village Abdullapur}^Met^{Mandal, Ranga}^Reddy
District.
8. Shinangi Srisailam, S/o. Late S. Papaiah Aged about 59 years, Occ
Agriculture R/o. H. No. 4- 85, Thorrur Village Abdullapur Met Mandal, Ranga
Reddy District.
9. Shinangi Venkatesh, S/o. Late S. Mallaiah Aged about 48 years, Occ
Agriculture R/o. H. No. 1- 97, Thorrur Village Abdullapur Mel Mandal, Ranga
Reddy District.
10.K. Laxmamma, Wo. Late K. Bixapathi Aged about 53 years, Occ Home
Maker R/o. Thorrur Village Abdullapur Met Mandal, Ranga Reddy District.
11.S. Bixapathi, S/o. Late S. Beerappa Aged about 70 years, Occ Agriculture
R/o. Thorrur Village Abdullapur Met Mandal,.Ranga Reddy District.
12.Saga Ailaiah, S/o. Late S. Danaiah Aged about 44 years, Occ Business R/o.
Thorrur Village Abdullapur Met Mandal, Ranga Reddy District.
'l3.Saga Yettaiah, S/o. S. Jangaiah Aged about 50 years, R/o. Thorrur Village
Abdullapur Met Mandal, Ranga Reddy District.
l4.Shiningi Jangaiah, S/o. S. Yellaiah Aged about 45 years, Occ Business Rt/o.
Thorrur Village, Abdullapur Met Mandal, Ranga Reddy District.
l5.Shinigi Yellaiah, S/o. S. Bikshapathi Aged about 45 years, Occ Business R/o.
Thorrur Village, Abdullapur Met Mandal, Ranga Reddy District.
16.J. Yellamma, Wo. Mallaiah Aged about 52 years, Occ Home Maker R/o.
Thorrur Village, Abdullapur Met Mandal, Ranga Reddy District.
lT.Shiningi Yadaiah, S/o. S. Yellaiah Aged about 67 years, R/o. Thorrur ViHage,
Abdullapur Met Mandal, Ranga Reddy District.
18.K. Srisailam, S/o. K. Sataiah Aged about 63 ^years,R:/o. Thorur Village,
Abdullapur Met Mandal, Ranga Reddy Dstrict.
19.S. Ramesh, S/o. S. Mallaiah Aged about 43 ^years,R/o. Thorrur Village,
Abdullapur Met Mandal, Ranga Reddy District.
20.S. Ailaiah, S/o. S. Jangaiah Aged about 43 ^years,R/o. Thorrur Village,
Abdullapur Met Mandal, Ranga Reddy District.
(Respondent No. 17 to 20 are not necessary parties to this Revision Petition)
...RESPONDENTS
lA NO: 1 OF 2023
Petition under Section 151 of CPC praying that in the circumstances
stated in the affidavit filed in support of the ^petition,the High Court may be
pleased to Stay all further proceedings in OS No. 2198 of 2018, on the file of I
Additional Senior Civil Judge-Cum-Chief-Metropotitan Magistrate-Cum-Assistant
Sessions Judge, Ranga Reddy District, at L B Nagar.
lA NO: 2 OF 2023
Between:
1. Shinangi Ravi, S/o. late S. Musaiah Aged about 41 yearc, Occ Business R/o.
H. No. 3- 4- 811118, NTR Nagar, Mallapur Village, Uppal Mandal, Medchal-
Malkajgiri District.
2. Shinangi Jangaiah, S/o. Late S. Narsimha Aged about 70 years, Occ
Business R/o. H. No. 5- 8, Thorrur Village Abdullapur Met Mandal, Ranga
Reddy District.
3. Shinangi Anjaneyulu, S/o. S. Jangaiah Aged about 36 years, Occ agriculture
R/o. H. No. 5- B, Thorrur Village Abdullapur Met Mandal, Ranga Reddy
District.
4. Shinangi Venkatesh, S/o. Late S. Mallaiah Aged about 48 years, Occ
Agriculture R/o. H. No. 1- 97, Thorrur Village Abdullapur Met lvlandal, Ranga
Reddy District.
5. K. Laxmamma, Wo. Late K. Bixapathi Aged about 53 years, Occ Home
Maker R/o. Thorrur Village Abdullapur Met Mandal, Ranga Reddy District.
6. S. Bixapathi, S/o. Late S. Beerappa Aged about 70 years, Occ Agriculture
Rl/o. Thorrur Village AMullapur Met Mandal, Ranga Reddy District.
7. Saga Ailaiah, S/o. Late S. Danaiah Aged about 44 years, Occ Business R/o.
Thorrur Village Abdullapur Met Mandal, Ranga Reddy District.
8. J. Yellamma, Wo. Mallaiah Aged about 52 years, Occ Home Maker R/o.
Thorrur Village, Abdullapur Met Mandal, Ranga Reddy District.
9. S. Ramesh, S/o. S. Mallaiah Aged about 43 years, R/o. Thorrur Village,
Abdullapur Met Mandal, Ranga Reddy District-
...PETITIONERS/RESPONDENTS {,4, 5, 9 to 12, 16, 19
AND
1. Sathu Ram Mohan Reddy, S/o. S. Sri. Krishna Reddy Aged about 59 years,
Occ Medical Practice R/o. H. No. 16- 8- 240161C, New Malakpet, HyderabaC.
...RESPONDENT/PETITIONER
2. Shinangi Mallesh @ Mallaiah, S/o. Late S. Yellaiah Aged about 57 years, Occ
Business Rio. H. No. 1- 6112, Old Mallapur Village Uppal Mandal, Medchal-
Malkajgiri District.
3. Shinangi Bhaskar, S/o. Late S. Musaiah Aged about 37 years, Occ Business
R/o. H. No. 3- 4- 811117, NTR Nagar, Mallapur Village, Uppal Mandal,
Medchal- Malkajgiri District.
4. Shinangi Shiva Kumar, S/o. S. Jangaiah Aged about 32 ^years,Occ
Agriculture R/o. H. No. 5-8, Thorrur Village-Abdullapur Met Mandal, Ranga
Reddy District.
5. Shinangi Bikshapathi, S/o. S. Venkaiah Aged about 70 ^years,Occ Agriculture
R/o. H. No. 1-87, Thorrur Village AMullapur Met Mandal, Ranga Reddy
District.
6. Shinangi Srisailam, S/o. Late S. Papaiah Aged about 59 ^years,Occ
Agriculture R/o. H. No. 4- 85, Thorrur Village A,bdullapur Met Mandal, Ranga
Reddy District.
7. Saga Yettaiah, S/o. S. Jangaiah Aged about 50 ^years,R/o. Thorrur Village
Abdullapur Met Mandal, Ranga Reddy District.
8. Shiningi Jangaiah, S/o. S. Yellaiah Aged about 45 ^years,Occ Business R/o.
Thorrur Village, Abdullapur Met Mandal, Ranga Reddy District.
9. Shinigi Yellaiah, S/o. S. Bikshapathi Aged about 45 years, Occ Business R/o.
Thorrur Village, Abdullapur Met Mandal, Ranga Reddy District.
l0.Shiningi Yadaiah, S/o. S. Yellaiah Aged about 67 ^years,R/o. Thorrur Village,
AMullapur Met Mandal, Ranga Reddy District.
'I 1.K. Srisailam, S/o. K. Sataiah Aged about 63 years, R/o. Thorrur Village,
Abdullapur Met Mandal, Ranga Reddy District.
12.S. Ailaiah, S/o. S. Jangaiah Aged about 43 years, R/o. Thorrur Village,
Abdullapur Met Mandal, Ranga Reddy District.
(Respondent No.2 to 12 are not necessary parties to this Petition)
...RESPONDENTS/RESPONDENTS
Petition under Section 151 of CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to vacate lnterim stay passed in l.A.No.1 ot 2023 in CRP No.832 of 2023
dated 17-3-2023.
Counsel for the Petitioner: SRI POTTIGARI SRIDHAR REDDY
Counsel for the Respondents: SR! SRINIVAS VELAGAPUDI
The Court made the following: ORDER
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
cIvIL REVISION PETITION No.832 OF 2o23

ORDER

The present Civil Revision Petition is hled against the order dated O3.O1.2023 in I.A.No. 151 of 2022 in I.A.No.SOS of 2O18 in O.S.No.2198 of 2018, on the file of the I Additional Senior Civil Judge - cum - Chief Metropolitan Magistrate - cum - Assistant Sessions Judge, Ranga Reddy District, L.B.Nagar.

2. The petitioner herein is the plaintiff and respondents herein are the defendants in the suit. For convenience, the parties hereinafter are referred to as they are arrayed in the sult

3. Heard Sri Pottigari Sridhar Reddy, learned counsel for the petitioner and Mr.Srinivas Velagapudi, learned counsel for the respondents.

4. Brief facts leading to hling of the present revision are that the plaintiff had filed a suit in O.S.No.219B of 2Ol8 before the Principal Senior Civil Judge, R.R.District, L.B.Nagar for perpetual injunction against the defendants in respect of land admeasuring Ac.3-37 guntas in Survey No.384 and Ac. 1- 18 LNA, J C.R.P. No.832 of 2023 guntas in Survev No.419, totally admeasuring Ac.S_15 guntas (herein after referred to as,suit schedule propertyJ.

5. During the pendency of the said suit, the plaintiff has filed I.A. No.8O5 of 2O I 8 for temporary injunction restraining the defendants from interfering with the suit schedule pr()perty.

6. The defendants have also fiied I.A.No. 151 of 2Ct22 tn I.A.No.805 of 2O1B to appoint an advocate commissioner for survey and demarcation of land in survey l,los.94, gS/2 & gSl3 of Injapur village and also for land in surv-ey Nos.3g4 and 419 of Thorrur Village with the help of Assistant Director of Survey and Land Records, Ranga Reddy District. In the said application it was averred that the defendants are owners of land admeasuring Ac.9-20 guntas in survey No.94, Ac.LZ_\2 guntas in survey No.9S/2 and Ac.l9_i9 guntas in Survey No.95/3 of Injapur village, Abdullapurmet Mandal, Ranga Reddy District, which are abutting to the village bounda.ry of Thorrur village and Injapur village.

suppressed the fact that the lands adjacent to the land in survey No.3g4 of Thorrur village and that the plaintift also did not show the western boundarv as Further, the pla-intiff of the defendants are ) L A'A, J C. R.P. No.E32 0I2023 Injapur village in the plaint as well as in the interim application i.e., I.A.No.8O5 of 2018. 7 .

It is further averred that the plaintiff brought into existence the alleged sale deeds in respect of Ac'3-37 guntas in survey No.384, which does not exist on the ground' Finally, it is averred that to resolve the dispute it is necessary to appoint an advocate commissioner for survey and demarcation of lands in survey No.94,95/2 and 95/3 with reference to viilage boundary of Thorrur Village and Injapur village and also survey Nos'384 and 419 of Thorrur village. Hence, the defendants have filed said application i.e., I'A.No' 151 of 2022 for appointment of advocate commissioner.

8. The plaintiff has denied the averments made by the defendants in the said application by filing counter stating that appointment of advocate commissioner. amounts to coilection of evidence. It is stated that the lands of the plaintiff and the defendants are different and therefore, the survey of lands in Injapur rrillage along with suit schedule property does not arise' It is further stated that the defendants have to approach the Revenue and Survey Settlement Department to survey the \-.-.-

extents of aforesaid lands of two villages LNA, J C.R. P-No.8J2 ol 2023 and frxing the boundaries, but not by way

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