HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

JUDGMENT:

Challenging the validity and legality of the judgment and decree dated 24.07.2024 in A.S.No.230 of 2019 passed by the Principal District Judge at Hanumakonda, confirming the judgment dated 19.11.2018 in O.S.No.436 of 2002 passed by the Principal Senior Civil Judge, Warangal, the present Second Appeal is filed.

2. Heard Sri S.Ganesh Rao, learned counsel for the appellants.

3. The appellants herein are the plaintiffs and the respondents herein are the defendants in the suit. For convenience, the parties are hereinafter referred to as they were arrayed in the suit.

4. The facts of the case, in brief, are that the plaintiffs filed a suit against the defendants seeking declaration of title and recovery of possession that they are the owners of the land to an extent of 300 Square yards, situated adjacent to house No.25-4-

484 at Somidi Road, Vishnupuri of Kazipet, Hanamkonda Mandal, Warangal District.

5. In the plaint, it is averred that defendant Nos.1 to 5 are natural brothers and they are residing at house bearing No.25- 4-480, situated at Vishnupuri, Kazipet of Warangal District and the house of the plaintiffs exists towards northern side of the defendants’ house. There is an open place to an extent of 300 square yards (herein after referred as “suit schedule property”) between the house of the plaintiffs and the defendants, which exclusively belong to the plaintiffs. It is averred that, originally, house bearing municipal No.1/207 was purchased by plaintiff No.1 for a sale consideration of Rs.8,500/- under an agreement of sale from one Heeralal and Babulal; that when the vendor of plaintiff No.1 refused to register the sale deed, he was constrained to file a suit vide O.S.No.73 of 1966 for specific performance against the vendors, on the file of Principal Senior Civil Judge, Warangal and the same was decreed.

6. Aggrieved by the judgment and decree, the vendors of plaintiff No.1, preferred an appeal vide A.S.No.77 of 1968 and the same was allowed. Plaintiff No.1 then filed L.P.A.No.33 of 1973, before this Court and the same was allowed.

Subsequently on 13.12.1986, plaintiff No.1 filed E.P.No.9 of 1982 for delivery of possession wherein the Court bailiff, as per the direction of this Court had delivered the vacant possession of the suit schedule property to him and a registered Sale deed was executed in favor of plaintiff No.1 in respect of house No.1/207 on behalf of the vendors. The defendants, taking advantage of the old age of plaintiff No.1, filed a suit for permanent injunction against him vide O.S.No.1224 of 2001 on the file of II Additional Junior Civil Judge, Warangal, claiming to be the owners and possessors of the house bearing No.25-4-480 and the open land to an extent of 300 square yards existing between the houses of plaintiff No.1 and the defendants, along with I.A.No.977 of 2001 for temporary injunction. After thorough enquiry, I.A.No.977 of 2001 was dismissed and aggrieved by the said orders, the defendants preferred C.M.A.No.70 of 2001 on the file of the III Additional District Judge, Warangal, which is pending for adjudication.

7. It is further averred that the defendants, under the guise of the exparte injunction orders passed in O.S.No.1224 of 2001, raised the pillars and compound wall to some extent and laid C.C.slab in the suit Schedule property and after dismissal of the injunction application, they have stopped further construction. Aggrieved by the same, plaintiff No.1 filed suit for declaration of title and recovery of possession. As per records, plaintiff No.1 died and his legal heirs i.e., plaintiff Nos.2 to 10 were brought on record.

8. Defendant Nos.1 to 5 filed written statement denying the allegations made in the plaint and contended that house Nos.25-4-480 and 25-4-482 situated adjacently are exclusively owned and possessed by defendant No.1. Defendant No.1 purchased house No.25-4-480 from one Sangaraboina Yellaiah and house No.25-4-482 from Ravula