Partly allowed

Thoom Mangatayaru v. Saggam Satyanarayana

Telangana HC13 Jan 2014RTP/49/2014

Case brief

AI extract

What is this about?

This order granted a transmission petition under A.P. Civil Courts Act and an interim injunction under CPC Order 39 & Section 151, restraining respondents from interfering with petitioner possession of land pending the trial of a suit.

What did the court decide?

The suit was received and transmitted; an interim injunction restraining interference with possession was granted for six weeks.

Thoom Mangatayaru Vs Saggam Satyanarayana — Property and Title | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

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MONDAY THE THIRTEENTH DAY OF JANUARY TWO THOUSAND AND FOURTEEN

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: PRESENT:

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THE HON’BLE SRI JUSTICE: B. CHANDRA KUMAR RECEIVE & TRANSMIT.PETITION No. 49 of 2014

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AND

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RECEIVE & TRANSMIT MISCELANEOUS PETITION NO. 53 OF 2014

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Between:

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1. Thoom Mangatayaru, W/o. Thoom Venkanna, Occ: Housewife.

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2. Thoom Venkanna, S/o. Late Thoom China Rajaiah, Occ: Government Employee.

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(Both are R/o. H. No. 2-4-617/4, Ramnagar, Hanamkonda, Warangal District)

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. (Petitioners in R&T.P No. 49 and R & TMP.

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No. 53 of 2014)

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Plaintiffs in O.S. (SR). No. 1060 of 2014 and Sought to be received in the High Court, sought to be presented to The Principal Junior Civil Judge, Kothagudem, Khammam District)

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AND

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1. Saggam Satyanarayana, S/o. Bhadraiah, Occ: Private Service.

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2. Saggam Bhadraiah, S/o. Sayanna, Occ: Cultivation.

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3. Bandaru Balaram, Occ: Cultivation.

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4. Edelli Srinu, Occ: Cultivation

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5. Betham Manmadha Rao, Occ: Cultivation. (All are R/o. Mallelamadugu Village, Aswapuram Mandal, Khammam District)

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Respondents in R&T. P. No. 49 and R & T. MP No. 53 of 2014)

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Respondents in –do-

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R&T. Petition No. 49 of 2014

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Petition under Section 33 of A.P. Civil Courts Act, praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to receive the accompanying suit and I.A. and transmit the same to the Court of the Principal Junior Civil Judge, Kothagudem; R & T.M.P. No. 53 of 2014

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Petition under Order 39 Rule 1 & 2 r/w. Section 151 of CPC, praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to grant ex-parte ad interim injunction restraining the respondents herein, their agents or any other persons claiming through them from interfering with the peaceful possession and enjoyment of the petitioners over the petition schedule property, more clearly mentioned in the petition schedule property, pending further orders to be passed by the Principal Junior Civil Judge, Kothagudem, in the accompanying suit and I.A. in the interest of justice;

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SCHEDULE ‘A’ PROPERTY

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All that land admeasuring Acs. 1.26 guntas in Survey No. 190/539 situated at Mondikunta Village, Aswapuram Mandal, Khammam District surrounded by; East: Land of Mutrasu Bhoomaiah

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South: Irupa Bapanaiah Manyam West: Land of Komaram Pothaiah North: Upparagudem Kaluva

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.2..

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SCHEDULE ‘B’ PROPERTY

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All that land admeasuring Acs. 1.32 guntas in Survey No. 190/539 situated at Mondikunta Village, Aswapuram Mandal, Khammam District surrounded by; East: Land of Velpula Somaiah

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West: Uravayi Panta Kaluva North: Land of Tumu Rajaiah

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South: Land of Chilakala Ramulu

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These petitions coming on for orders, upon perusing the petitions and the affidavits filed herein and upon hearing the arguments of Sri Peri Prabhakar, Advocate for the Petitioners in both the petitions; IT IS ORDERED AS FOLLOWS:

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1. That the papers bearing O.S. (SR) NO. 1060 of 2014 sought to be preferred before the Court of the Principal Junior Civil Judge, Kothagudem, Khammam District, be received in the High Court;

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2. The Court made the following ORDER:

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“Issue urgent notice to the respondents.

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Learned counsel for the petitioners is also permitted to take out personal notice by R.P.A.D., to the respondents and file proof thereof.

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Agreement of sale dated 19.3.1964, Pahani dated 9.1.2014 for Fasli 1423 and copy of the complaint dated 8.1.2014 primafacie show that the petitioners have title and possession over the subject land. Since it is alleged that the respondents are interfering with their possession and since it appears that there is a prima-facie case and balance of convenience in favour of the petitioners and if injunction is not granted, the petitioners may be put to irreparable loss, there shall be interim injunction, as prayed for, for a period of six weeks from today.

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3. The notice returnable to the said Court of the Principal Junior Civil Judge, Kothagudem, Khammam District do issue to the Respondents in R.T.PM.P. No. 53 of 2014 to show cause why this application should not be complied with:

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4. That the aforesaid papers bearing O.S. (Sr) No. 1060 of 2014, sought to be presented before the Court of the Principal Junior Civil Judge, Kothagudem, Khammam District, be transmitted to the said Court of the Principal Junior Civil Judge, Kothagudem, Khammam District;

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ASSISTANT REGISTRAR

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// TRUE COPY //

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FOR ASSISTANT REGISTRAR

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1. The District Judge, Khammam District at Khammam (in duplicate with a copy of injunction to serve on the Respondents 1 to 5 and to return the same to the Court of Principal Junior Civil Judge, Kothagudem, Khammam District)

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2. The Principal Junior Civil Judge, Kothagudem, Khammam District, Mahaboobangar District (BY RPAD with petitions all the material

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papers of OS)

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3. Saggam Satyanarayana, S/o. Bhadraiah, Occ: Private Service, R/o. Mallelamadugu Village, Aswapuram Mandal, Khammam District.

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4. Saggam Bhadraiah, S/o. Sayanna, Occ: Cultivation, R/o. Mallelamadugu Village, Aswapuram Mandal, Khammam District.

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5. Bandaru Balaram, Occ: Cultivation, R/o. Mallelamadugu Village, Aswapuram Mandal, Khammam District.

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6. Edelli Srinu, Occ: Cultivation, R/o. Mallelamadugu Village, Aswapuram Mandal, Khammam District

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7. Betham Manmadha Rao, Occ: Cultivation, R/o. Mallelamadugu Village, Aswapuram Mandal, Khammam District. (ADDRESSEES 3 TO 7 BY RPAD)

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8. The Section Officer, Judicial Section, High Court of A.P., Hyderabad.

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9. One CC to Sri Peri Prabhakar, Advocate, (OPUC)

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10. Two spare copies.

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Ksv

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HIGH COURT

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Ksv Date of drafting: 13-01-2014

BCKJ

DATE: 13-01-2014

ORDER

R&TMP. NO. 49 OF 2014 AND R&T P. No. 53 of 2014

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INTERIM INJUNCTION

Thoom Mangatayaru v. Saggam Satyanarayana

Case brief

What is this about?

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Thoom Mangatayaru v. Saggam Satyanarayana

Case brief

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