Sri. N. Santosh Kumar

1 Of 7. Judgment in OS.No.51/2013.

IN THE COURT OF THE SENIOR CIVIL JUDGE: AT ADILABAD

Present: - Sri N.SANTOSH KUMAR,

Senior Civil Judge, Nirmal

FAC:Senior Civil Judge, Adilabad

Monday, this the 10 th day of September, 2018

OS.No.50/2013

Between:-

1. Sunil Bharadwaj, S/o. Late Kishan Kumar Bharadwaj, Age: 48 years, Occ: Business, R/o. H.No.4-4-764, Bhukthapur, Adilabad, Mandal and District Adilabad

2. Yelma Linga Reddy, S/o. Late Ramulu, Age: 58 years, Occ: Agriculture, R/o. H.No.1-63, Kajjarla village, Mandal Talamadugu, District Adilabad … Plaintif // A N D //

1.Shahejadi Begum, W/o. Sk. Azeez, Age: 35 years, Occ: Housewife, R/o. H.No.6-52, Ramnagar, Dasnapur village, Mandal and District Adilabad

2.Safiya Begum, W/o. Zafar Khan, Age: 45 years, occ: Housewife, R/o. New Housing Board colony, 1st Zone, Battisavargaon village, Adilabad, Mandal and District Adilabad

3.Angathwar Ganesh, S/o. Vittal, Age: 35 years, Occ: Private employee, R/o. Near Government school, Mahalaxmiwada, Adilabad, Mandal and District Adilabad

4.Are Veena, W/o. Vithal Rao, Age: 28 years, Occ: Housewife, R/o. Chanda-T village, Mandal and District Adilabad

5.Battu Vijaya, W/o. Bhumanna, Age: 30 years, Occ: Housewife, R/o. Lokari village, Mandal and District Adilabad

6.Soyam Lalitha, W/o. Sitaram, Age: 35 years, Occ: Housewife, R/o. Waghapur, Mandal Gudihathnoor, District Adilabad

7.Vijaya, W/o. Pramod, Age: 28 years, Occ: Housewife, R/o. Chanda-T village, Mandal and District Adilabad

8.K. Kamala Bai, W/o. Kishore, Age: 30 years, Occ: Housewife, R/o. Chanda-T village, Mandal and District Adilabad

9.A. Gangamma, W/o. Devanna, Age: 40 years, Occ: Housewife, R/o. Chanda-T village, Mandal and District Adilabad 2 Of 7. Judgment in OS.No.50/2013.

10.A. Lalitha, W/o. Raju, Age: 35 years, Occ: Housewife, R/o. Chanda-T village, Mandal and District Adilabad

11.Jameela Begum, W/o. Fakeer Mohammed, Age: 47 years, Occ: Housewife, R/o. 5-235, Ramnagar village, Dasnapur, Mandal and District Adilabad

12.Maskapuri Neeraja, W/o. Lachanna, Age: 50 years, Occ: Housewife, R/o. Dhobhi colony, Dasnapur village, Mandal and District Adilabad …Defendants

This original suit coming on before me for final hearing on 10.09.2018 in the presence of Sri Y. Vishnu Bhagwan, Advocate for Plaintiffs and the defendants remained exparte, having been heard and stood over for consideration till this day, the court delivered the following:-

J U D G M E N T

1. This is a suit filed by the plaintifs No.1 and 2 against the defendants No.1 to 12 for the relief of perpetual injunction restraining them, their family members and their men, from interfering with the land bearing Sy.No.72/18/1 to an extent of Ac.4.00 guntas situated at

Battisavargaon village, Mandal and District Adilabad. (Hereinafter called as “the suit schedule property”).

2.The brief case of the plaintifs as disclosed in the plaint is that originally one Battula Ashiga, S/o. Adellu was the pattedar of land in Sy.No.72/18/1 to an extent of Ac.8.00 guntas situated at

Battisavargaon village, Mandal and District Adilabad; and after his death, the patta of the said land was mutated on the names of his grandsons namely Battuala Ashanna, to an extent of Ac.4.00 guntas and Battula Ushanna, to an extent of Ac.4.00 guntas, after the death of son of original pattedar namely Lasmanna; and that Sy.Nos.72/18/1 and 72/18 were respectively assigned to the lands of the said Ashanna and Ushanna respectively. The plaintifs further submitted that the original pattedar by name Battula Ashanna was died on 24.02.1990, whereas his son Battula Lasmanna was also died on 11.09.1996 and after his death, Battula Ushanna had executed a agreement of sale 3 Of 7. Judgment in OS.No.50/2013.

cum General Power of Attorney document No.1690/2013 dated 08.03.2013 in favour of the plaintifs and since the date of purchase, the plaintifs No.1 and 2 are in possession of the suit schedule property and that pattedar passbook and title deed books clearly reflects the name of the vendor of plaintifs No.1 and 2 in the column possession of the suit schedule property and that pahanies right from the years 1955-1956 to 2012-2013 clearly reflects the name of grandfather of vendor of the plaintifs was in possession during his life time and thereafter the vendor of the plaintifs shown as pattedar and possessor till the execution of the said agreement of sale cum general power of attorney and that on 07.06.2013, the defendants No.1 to 12 without any manner of right whatsoever tried to entered into the suit schedule property and dispossess the plaintifs, but the same was resisted by the plaintifs. Hence the suit for perpetual injunction is filed.

3.After proper service of summons, the defendants have failed to appear and filed their written statement in support of their defence, therefore the defendants are set exparte.

4.In order to prove the case of the plaintifs, the plaintif No.1

Sri. Sunil Bharadwaj examined himself as PW1 by filing his affidavit in lieu of his chief examination and got marked Ex.A1 to Ex.A48 on behalf of plaintifs.

5.Heard the arguments of the learned counsel for the plaintifs and perused the record.

6.Basing on the contention of the plaintifs, now the point for consideration before this court:

“Whether the plaintiffs are entitled for the grant of

perpetual injunction against the defendants in respect for

the suit schedule property as prayed for”?

4 Of 7. Judgment in OS.No.50/2013.

7. POINT: The plaintif No.1 Sri. Sunil Bharadwaj who examined as PW1 reiterated all the facts stated in the plaint. PW1 testifies that originally his grandfather Battula Ashiga, S/o. Adellu was the pattedar and possessor of Ac.8.00 guntas in Sy.No.72/18 situated at

Battisavargaon village and after the death of original owner Battula

Ashiga, the land to an extent of Ac.8.00 guntas was equally mutated on the names of grandsons of late Battula Ashiga namely Battula

Ushanna to an extent of Ac.4.00 guntas and on the name of Battula

Ashanna to an extent of Ac.4.00 guntas (the suit schedule property herein). All the documents filed by the plaintifs under Ex.A1 to Ex.A43 shows the name of the original owner and after his demise, the name of Battula Ashiga as pattedar against the land in extent of Ac.8.00 guntas in Sy.No.72/18. Ex.A44 is the certified copy of pahani for the year 2012-2013 of Battisavargaon village shows that the name of the vendor of plaintifs by name Battula Ashanna in the column of pattedar and possessor of suit land in extent of Ac.4.00 guntas in suit survey number 72/18/1. Ex.A45 is the original title deed book and pattedar passbook shows that the suit schedule property to an extent of Ac.4.00 guntas stands on the name of the vendor of plaintifs namely Battula

Ashanna.

8.Ex.A48 is an important document viz., agreement of sale cum general power of attorney in which the said original owner Battula

Ashanna alleged to have executed an agreement of sale cum general power of attorney in favour of plaintifs No.1 and 2 herein in which the said original owner agreed to sell the suit schedule property for a sum of Rs.77,44,000/- and accordingly received the entire sale consideration amount and also delivered the possession of the suit schedule property to the plaintifs herein.

5 Of 7. Judgment in OS.No.50/2013.

9.It is pertinent to note that when the plaintifs herein paid the entire sale consideration amount to their vendor and thereby came into possession of the suit schedule property and recent pahani Ex.A44 is crystal clear showing the name of vendor of the plaintifs by name

Battula Ashanna in the column of pattedar and possessor shows the prima facie possession of the vendor of the plaintifs and by virtue of

Ex.A48 registered sale deed, the plaintifs herein have purchased and came into possession of the suit schedule property.

10.The testimony of PW1 reveals that on 07.06.2013, the defendants No.1 to 12 along with others have made an attempt to interfere with the peaceful possession of the plaintifs, which give raise to cause of action for the plaintifs to file the present suit. Whenever, the peaceful possession of the plaintifs has been interfered, a civil court can grant a decree of perpetual injunction to protect the possession of the plaintifs from unlawful interference of the defendants or anybody claiming through them. The documents filed by the plaintifs viz., Ex.A1 to Ex.A48 prove the case of the plaintifs for grant of perpetual injunction and accordingly the suit of the plaintifsf is to be decreed with costs as prayed for. Accordingly, the point is answered in favour of plaintifs.

11. IN THE RESULT, the suit of the plaintifs is decreed with cost perpetually restraining the defendants No.1 to 12 and their family members and men, from interfering with the peaceful possession and enjoyment of the plaintifs in and over the suit schedule property.

Typed to my dictation to the Stenographer, after corrections, pronounced by me in the open court today the 10 thday of September, 2018.

FAC:Senior Civil Judge Adilabad 6 Of 7. Judgment in OS.No.50/2013.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Plaintiff: For Defendant:

PW-1: Sunil Bharadwaj - NONE – (Exparte) (Plaintif No.1)

EXHIBITS MARKED

For Plaintiff: For Defendant:

Ex.A1:CC of pahanies from 1955-56 to-NIL- 1970-1971 Ex.A2:CC of pahanies from 1974-1975 to 1978-1979 Ex.A3:CC of pahanies from 1980-1981 to 1982-1983 Ex.A4:CC of pahanies from 1984-1985 to 1986-1987 Ex.A5:CC of pahanies from 1990-1991 to 1998-1999 Ex.A6:CC of pahanies from 2000-2001 Ex.A7:CC of pahani from 2003-2004 to 2008-2009 Ex.A8:CC of pahanies from 2012-2013 Ex.A9:CC of title deed and passbook Ex.A10:CC of family member certificate issued by Village Secretary Ex.A11:Form No.10 issued by Village Secretary Ex.A12:CC of registered sale deed No.1691/2013 Ex.A13:CC of pahani for the year 1969-1970 Ex.A14:CC of pahani for the year 1970-1971 Ex.A15:CC of pahani for the year 1972-1973 Ex.A16:CC of pahani for the year 1974-1975 Ex.A17:CC of pahani for the year 1975-1976 Ex.A18:CC of pahani for the year 1976-1977 Ex.A19:CC of pahani for the year 1977-1978 Ex.A20:CC of pahani for the year 1978-1979 Ex.A21:CC of pahani for the year 1980-1981 Ex.A22:CC of pahani for the year 1981-1982 Ex.A23:CC of pahani for the year 1982-1983 Ex.A24:CC of pahani for the year 1984-1985 Ex.A25:CC of pahani for the year 1985-1986 Ex.A26:CC of pahani for the year 1986-1987 Ex.A27:CC of pahani for the year 1989-1990 Ex.A28:CC of pahani for the year 1990-1991 Ex.A29:CC of pahani for the year 1991-1992 Ex.A30:CC of pahani for the year 1992-1993 Ex.A31:CC of pahani for the year 1993-1994 Ex.A32:CC of pahani for the year 1994-1995 Ex.A33:CC of pahani for the year 1995-1996 Ex.A34:CC of pahani for the year 1996-1997 Ex.A35:CC of pahani for the year 1997-1998 Ex.A36:CC of pahani for the year 1998-1999 7 Of 7. Judgment in OS.No.50/2013.

Ex.A37:CC of pahani for the year 2000-2001 Ex.A38:CC of pahani for the year 2003-2004 Ex.A39:CC of pahani for the year 2004-2005 Ex.A40:CC of pahani for the year 2005-2006 Ex.A41:CC of pahani for the year 2006-2007 Ex.A42:CC of pahani for the year 2007-2008 Ex.A43:CC of pahani for the year 2008-2009 Ex.A44:CC of pahani for the year 2012-2013 Ex.A45:Title deed and pattedar passbook Ex.A46:Family member certificate Ex.A47:Form No.10 issued by Village Secretary Ex.A48:Registered sale deed document No.1690/2013

FAC:Senior Civil Judge Adilabad

IN THE COURT OF THE SENIOR CIVIL JUDGE, AT ADILABAD

Present:- Sri S.SANTHOSH KUMAR FAC: Senior Civil Judge, Adilabad

Monday, this the 10th day of September, 2018

O.S.No. 79/2013

Between:- shaik Mahaboob S/o. Abdul Rahman Jani, Age: 45 years, Occ: Business, R/o. H.No. 2-4-67, Khanapur, Adilabad Town, District Adilabad.

….Petitioner/Plaintif //AND//

Anjana Bai W/o. Narayanadas, Ahuja, Age: 45 years, Occ: Household, R/o. Ranisathiji colony, Adilabad Town.

2. Narayandas Ahuja Occ: Business, R/o. H.No. 2-4-194, Ranisathiji colony, Adilabad.

3. Andhra Pradesh State Financial Corporation Rep by its Branch Manager, Mancherial, Plot No. 414, Block No. 4, Janma Bhoomi Nagar, Mancherial, Adilabad.

4. Khursheed Begum Occ: House wife, R/o.Vidyanagar locality, Adilabad

...Respondent/ Defendant

This suit is coming on before me on this day in the presence of Sri Y. Vishnu Bhagwan, Advocate for plaintif and Sri A.Amarendhar Reddy, Advocate for defendants No.1 and 2, Sri P. Mohan Singh, Advocate for D3 and Sri A. Kaleem, Advocate for D4 and having been heard and stood over for consideration till this day, the Court delivered the following:-

ORDER

Plaintif called absent and trial not commenced inspite of passing

condition therefore the suit is dismissed for default.

FAC: SENIOR CIVIL JUDGE,

ADILABAD

IN THE COURT OF THE SENIOR CIVIL JUDGE, AT ADILABAD

Present:- Sri N. SANTOSH KUMAR FAC: Senior Civil Judge, Adilabad

Saturday, this the 8th day of September, 2018

O.S.No. 13/2018

Between:-

Gummmadi Laxmi @ Annapurna Address - H.No.4-35, Reddy Colony, Echoda village and Mandal, District Adilabad ….Petitioner/Plaintif //AND//

Salla @ Chalola Bhoja Reddy Address - Pipri village, Mandal Bazarhathnoor, District Adilabad

2) Salla @ Challa Jaya Sri Pipri village, Mandal Bazarhathnoor, Adilabad

...Respondent/ Defendant

This suit is coming on before me on this day in the presence of Sri S.Sudheer kumar, Advocate for plaintif and Sri P.Mohan Singh, Advocate for defendant and having been heard and stood over for consideration till this day, the Court delivered the following:-

ORDER

Both parties present before the Lok Adalath. This matter is settled

in Lok Adalath vide separate one..

FAC: SENIOR CIVIL JUDGE,

ADILABAD

IN THE COURT OF THE SENIOR CIVIL JUDGE, AT ADILABAD

Present:- Sri J.JEEVAN KUMAR FAC: Senior Civil Judge, Adilabad

Monday, this the 10th day of September, 2018

O.S.No.37/2017

Between:- Bank of India branch manager Sri Damodhar Address - Adilabad.

….Petitioner/Plaintif //AND//

Shri Ganesh Engineer work shop Santhosh Pinnamwar Address - Age 41 years, Occ Business, R/o. H.No. 7-7-51/4, Vidyanagar.

...Respondents/ Defendants

This suit is coming on before me on this day and having been heard and stood over for consideration till this day, the Court delivered the following:-

ORDER

The Branch manager of Plaintif not pressed the suit and the same is endorsed on the plaintif. Therefore the suit is dismissed as not pressed No costs.

FAC: SENIOR CIVIL JUDGE,

ADILABAD

IN THE COURT OF THE SENIOR CIVIL JUDGE, AT ADILABAD

Present:- Sri J.JEEVAN KUMAR FAC: Senior Civil Judge, Adilabad

Monday, this the 10th day of September, 2018

HMOP 30/2018

Between:-

Samukrao Srikanth Dhanora village, Indrevelly Mandal, Adilabad.

….Petitioner/Plaintif //AND//

Samukrao Sangeetha Dhanora-B village, Indrevelly Mandal, Adilabad. Presently residing at Khampur, Narnoor Adilabad.

... Respondent/Defendant

This Original Petition is coming on before me on this day and having been heard and stood over for consideration till this day, the Court delivered the following:

ORDER

Petitioner and his counsel called absent, inspite of posing the case for dismissal. No representation till 3.30 PM therefore the O.P. is dismissed for default..

FAC: SENIOR CIVIL JUDGE,

ADILABAD