THE HONOURABLE SMT JUSTICE K. SUJANA I.A.No.1 of 2024 in/and A.S.No.87 of 2001 IA Nos.1 and 2 of 2024 in/and A.S.No.88 of 2001 IA Nos.1 and 6 of 2024; I.A. Nos. 9, 8 and 7 of 2024 in IA No.1 of 2022; IA No.3 of 2024 in IA No.2 of 2022; IA Nos.4 and 5 of 2024 in IA No.3 of 2022; IA Nos.4, 5 and 6 of

2022; and IA No.2 of 2024 in IA No.2 of 2022 — all in/and A.S. No.1307 of 2001.

IA No.1 of 2019 in/and C.R.P.No.2372 of 2008 WRIT PETITION No.19986 OF 2008

COMMON JUDGMENT:

Since the lis and parties involved in these matters are same, they were heard together and are disposed of by way of this common judgment.

2. A.S.No.1307 of 2001 is filed by appellant who is plaintiff ; A.S.No.87 of 2001 is filed by appellants who are defendant Nos.1 and 51 to 54 ; A.S.No.88 of 2001 is filed by appellants who are defendant Nos.6, 21 to 25 and 39 to 46, in W.P.No.19986/2008 OS.No.48 of 1993, challenging the judgment and decree dated 13.11.2000 passed in the said suit on the file of the I Additional District and Sessions Judge, Rangareddy District.

3. C.R.P.No.2372 of 2008 is filed by petitioners/defendant Nos.2, 3 and plaintiff, challenging the order dated 03.03.2008 passed in Case No.F2/168/2002 by the Joint Collector – II, Rangareddy District.

4. W.P.No.19986 of 2006 is filed by petitioners/defendant Nos.2, 3 and plaintiff, seeking order or direction more particularly one in the nature of Writ of Certiorari to call for the records relating to and connected with proceedings No.D/ROR/6058/89 dated 09.03.1990 of the Mandal Revenue Officer, Rajendranagar Mandal, Ranga Reddy District, as confirmed by order dated 26.08.2006 in Case No.Lr.No.C/3683/2001 passed by the Special Grade Deputy Collector and Revenue Divisional Officer, Chevella Division, RR District, and to quash or set aside the same.

5. For the sake of convenience, the parties herein are referred to as arrayed in OS.No.48 of 1993.

W.P.No.19986/2008

6. The brief facts of the case are that OS.No.48 of 1993 was filed for partition and separate possession of joint family properties. Originally it was filed in the year 1984 and the same was renumbered several times due to revisions in valuation and inclusion of additional properties. The plaintiff - K. Ram Reddy, sought for division of ancestral and jointly acquired properties, civil contract earnings, joint family loans, residential houses, vehicles, movable and immovable properties, and jewelry, categorized under Schedules A to G. Initially contested against defendant Nos.1 to 5, the case later saw impleading of defendant Nos.6 to 25, claiming stakes in Schedule B properties, which the plaintiff alleged were purchased by defendant No.1 using joint family funds, fraudulently recorded under the names of close relatives to evade the Urban Land Ceiling Act. Upon the demise of several defendants, their legal representatives - defendant Nos. 26 to 59, were added to the proceedings.

7. Upon considering the material thereof, the trial Court framed 19 primary issues along with two additional ones, so W.P.No.19986/2008 as to ascertain ownership claims and entitlement among the parties. For the sake of convenience, the below material is extracted from the material provided on record, and the same reads as under:

Issue No. Issue Description Finding / Decree Whether D1 to D5 are members of In favor of Plaintiff, D1 Issue No. 1 Hindu Joint Family? to D5 Whether the earlier partition dated In favor of Plaintiff, D1 Issue No. 2 16.07.1982 is true and binding on to D5 the Plaintiff?

Whether Schedule A property was equally partitioned and whether D5 In favor of Plaintiff, D1 Issue No. 3 was given property of equal value to D5 as pleaded?

Whether Sy. No. 3 (Item No. 1) of "B" Schedule property doesn't In favor of Plaintiff, D1 Issue No. 4 belong to the joint family as to D3 pleaded by D1 and D21 to D25?

Whether Sy. No. 4 (Item No. 2) of Held as joint family "B" Schedule property doesn't property; directed to Issue No. 5 belong to the joint family as approach Revenue pleaded b