Defendants in an injunction suit challenged concurrent orders granting the plaintiff temporary injunction over half share in agricultural land. The High Court found no error in reliance on surveyor report and sale deeds and dismissed the revision under Article 227.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APHC010344462023
[3311]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE THIRD DAY OF APRIL TWO T H OUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
CIVIL REVISION PETITION NO: 1995/2023
Between:
Thoti Nanjamma and Others ...PETITIONERS
AND
Kanamakinda Venkata L akshmi ...RESPONDENT
Counsel for the Petitioners:
Ms. D SATYAVAT H I
Counsel for the Respondent:
Sri SRINIVAS MANCHANAPALLI
The Court made the following:
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ORDER :
This civil revision petition, under Article 227 of the Constitution of India, is filed by the unsuccessful defendants assailing the orders, dated 12.05.2023, of the learned Senior Civil Judge, Punganur, made in CMA.No.1 of 2023 whereby the learned Senior Civil Judge while dismissing the said appeal confirmed the orders, dated 27.02.2023, of the learned Principal Junior Civil Judge, Punganur, made in IA.No.1273 of 2022 in OS.No.324 of 2022 filed under Order 39 Rule 1 of the Code of Civil Procedure, 1908 requesting to grant a temporary injunction restraining the respondents/defendants from interfering with her peaceful possession and enjoyment over the petition schedule property pending disposal of the suit.
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(a) Gajjala Ranga Reddy is the absolute owner of the property
situated in Sy.No.52/18 in an extent of Ac.2.51 cents in Nariganipalle revenue village. He had three sons, namely, Gajjala Papi Reddy, Gajjala Nagireddy and Gajjala Varahala Reddy. After the death of Gajjala Ranga Reddy on 29.03.1972, they partitioned their joint family properties under registered partition deed. Half share in Sy.No.52/18 was allotted to Gajjala Papi Reddy and another half share was allotted to Gajjala Nagireddy, i.e., Ac.1.25 ½ cents in Sy.No.52/18. After the death of Papi Reddy, the plaintiff purchased the suit schedule property of an extent of Ac.1.25 ½ cents from his legal representatives, viz., Gajjala Ramaswamy
Reddy, Gajjala Ramakrishna Reddy and Gajjala Vasudeva Reddy, under a registered sale deed, dated 10.11.2010 and took delivery of possession of the property with specific boundaries. Since then, the plaintiff is in exclusive possession and enjoyment of the schedule property. She had also availed crop loan at Primary Agricultural Cooperative Society, Madanapalle. The remaining half share in Sy.No.52/18 belonging to Gajjala Nagireddy situated on the Southern side was purchased by Thoti Munivenkatamma on 08.12.2010 under a registered sale deed. In the said sale deed, boundaries were not shown. Though she purchased half share, she
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never took possession and never applied for pattadar pass book and title deed and did not make any effort for mutation of her name in the revenue records. While so, in the month of May, 2020, Thoti Munivenkatamma raised an objection and tried to interfere with the possession and enjoyment of the schedule property by the plaintiff and tried to remove the boundary stones. On 16.05.2020, the Mandal Surveyor visited the properties of both parties and fixed boundary stones and also prepared FMB sketch showing blue marked portion situated on the Northern side of the survey number is in exclusive possession and enjoyment of the plaintiff and the yellow marked Southern side is in exclusive possession and enjoyment of Thoti Munivenkatamma, and the Tahasildar, Ramasamudram has issued an endorsement approving the same and the same has become final. The said Thoti Munivenkatamma died on 12.02.2021 leaving behind the defendants as her legal representatives. While so, when the plaintiff is doing agricultural operations, the defendants tried to interfere with her possession and demanded her to sell her share of property. Under those circumstances, she filed the suit for grant of permanent injunction and also petition for grant of temporary injunction.
(b) The 2nd defendant filed counter before the trial Court which
was adopted by defendants 1 and 3 to 5. It is contended in the
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counter that Southern half share situated in the suit survey number fell to the share of Papireddy being the eldest son and the Northern half share fell to the share of Nagireddy being the younger brother. They further contended that there are no separate ridges or marks on land between the half shares of the parties. They further stated that the boundaries and description of the schedule property shown by the plaintiff are not correct and the Northern boundary of the schedule property belongs to them and not Kanamakinda Sankarappa’s land and similarly the Southern boundary belongs to K. Siddappa, K. Ramakrishna and K. Eswaramma, but not the land of defendants and that the plaintiff had intentionally shown wrong boundaries of her half share in order to grab the Northern side half share. Further, the revenue records and documents filed by the plaintiff do not belong to the schedule property but they belong to half share of the Southern side only and the said property was mortgaged to the Primary Agricultural Co-operative Society, but not the petition schedule property. Thus, it is prayed to dismiss the petition.
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Whether the plaintiff made out valid and sufficient grounds and has satisfied the cardinal principles for granting a temporary injunction as prayed for?
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relief of temporary injunction cannot be granted as with the strength of such an order, the actual possession of the defendants would be disturbed by the plaintiff.
“Annamayya District – Punganur Sub-District – Ramasamudram Mandal, Nariganaipalle Revenue village.
Sircar dry S.No.52/18, total extent Ac.2.51 cents plaintiff share paiki Ac.1.25 ½ cents
Bounded on
| East | : Road leading from Chembakur to Karnataka |
|---|---|
| State border | |
| West | : The land of Thoti Hanumanthu, K. Narasappa, |
| K.Sarnkarappa and K.Nagaraja | |
| North | : The land of Kanamakinda Sarnkarappa and legal heirs of late Papanna |
| South | : The land of the defendants” |
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(b) In exhibit P1, partition deed, the schedule is shown as below:-
A-Schedule:
Chittoor District, Punganur Sub District, Punganur Taluq , Nariganipalle, Nariganipalle Northern side
| South | : | Street |
|---|---|---|
| West | : | Varalaswamy gudi |
| East | : | B schedule house and site |
| North | : | S.No.30/1 |
In between these boundaries
East to west 15.541 meters North to south 46 yards or meters
B-Schedule:
| Punganur | Taluk, | Nariganipalle village |
|---|---|---|
| South | : | Raja veedhi |
| West | : | A schedule |
| East | : | House |
| North | : | S.No.30/1 |
In between these boundaries
East to West 15 yards or 13.716 meters North to south 46 yards or 42.002 meters
C-Schedule:
Punganur Taluka Nariganaipalle group Kaspa Nariganipalle village northern side
| South | : | Raja Street |
|---|---|---|
| West | : | B-schedule property |
| North | : | S.No.301 |
| East | : | Road of animals to forest (Pasuvala voni) |
In between these boundaries
East to West 9 yards or 8.220 meters
North to south 46 yards or 36.516 meters out of this constructed 10 ankanams ladhu house attached with doors, door frames etc.
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D-Schedule:
Punganur taluk, Nariganipalle village northern side
West : Street North : Varala swamy devalayam compound wall East : E schedule house South : Street
In between these boundaries East to west 14 yards or 12.802 meters North to south 20 yards or 18.288 meters
E-Schedule:
Punganur taluk, Nariganipalle village northern side
West : D-schedule house North : Varalaswamy devalayam compound wall East : C schedule house South : Rajaveedhi
F-Schedule:
Punganur Taluk, Nariganipalle village northern side
West : E-schedule house North : varalaswamy Devalayam compound wall East : Street South : Rajaveedhi
In between these boundaries
East to west 15 yards or 13.716 meters North to south 20 yards or 18.288 meters
Chittoor District, Punganur Sub-District, Ramasamudram Mandal, Nariganipalle village Panchayat,Nariganipalle village 1) Sircar Dry S.No.52-3 extent full Ac.0-18 cents bounded by
East : Land of Papanna South : Land of Sankarappa
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West : Land of G.Krishna Reddy North : Road
In between these boundaries, our half share of Ac.0.09 cents.
| East | : | Road |
|---|---|---|
| South | : | Land of Siddappagari Siddappa |
| West | : | Land of Hanumanthu Narasappa and others |
| North | : | Land of Sankrappa, Papanna and others |
In between these boundaries, our half share Ac.1.25 cents.
Chittoor District, Punganur Sub-District, Ramasamudram Mandal, Nariganipalle village Panchayat, Nariganipalle village Dry S.No.52-18 full extent Ac.1.26 cents out of Ac.2.51 cents or 0- 611 hectares bounded by
| East | : Land |
in s.No.53-6, S.No.62 |
|---|---|---|
| West | : Land |
in S.No.52-9, 10, 11, 16, 17 |
| North | : Land |
in S.No.52-5 |
| South | : Land |
in S.No.51-9, 51-10 |
In between these the above land in full
14. Admittedly, both the parties agree that originally three sons of
Gajjala Ranga Reddy had partitioned their property through a registered partition deed, dated 29.03.1972, which is marked as exhibit P1 as per which Gajjala Papi Reddy has got Ac.1.25 ½ cents and Gajjala Nagi Reddy has got Ac.1.25 ½ cents out of Ac.2.51
cents in Sy.No.52/18 and further that the plaintiff purchased the share of Gajjala Papi Reddy under a registered sale deed marked as exhibit P2, whereas the defendants purchased the share of Gajjala
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Nagi Reddy. However, the dispute arose because neither the partition deed nor the sale deeds of the plaintiff or the defendants described the exact boundaries of Ac.1.25 ½ cents each. On the other hand, the sale deeds of both parties contain the boundaries to the total extent of Ac.2.51 cents. There is no identification as to part on which side of Ac.2.51 cents, the property sold under the registered sale deed is located. The trial Court has noted all these details. Further, it has placed reliance on exhibits P10, P11 and P12 which would show that the husband of the plaintiff and his brothers have lands on the Northern side and Western side of the plaint schedule property and a reading on exhibits P9 to P13 disclosed that that the plaintiff has been in possession of Northern side portion of Ac.2.51 cents as it was meant for their use to reach the road on the eastern side. The trial Court has further placed reliance on the report of the Mandal Surveyor and observed that the report was also not challenged before the higher authority.
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Court also does not see any error committed by the trial Court or the appellate Court insofar as appreciation of material evidence placed before the trial Court. As against the evidence of the plaintiff, the defendants have placed only the sale deed marked as exhibit R1. As already noted, it does not reflect which portion of the total extent of Ac.2.51 cents, the property purchased thereunder is located. It cannot strengthen the contention of the defendants that they are in occupation of the disputed property, i.e., which is part of the total extent out of Ac.2.51 cents.
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the revision petition. As such, this Court does not see any reason to
interfere with the order impugned.
stand closed.
________________ B. S BHANUMATHI, J
03-04-2024 RAR
1 issue framed by the court
Whether the plaintiff made out a prima facie case satisfying the cardinal principles for granting a temporary injunction over the suit schedule property?
2 provisions across 2 enactments
Thoti Nanjamma and Others
Kanamakinda Venkata Lakshmi
B S Bhanumathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
