IN THE COURT OF THE III ADDITIONAL JUNIOR CIVIL JUDGE-CUM-III
ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS AT KUSHAIGUDA
PRESENT: Smt. Potedar Sarala Rekha III Addl. Junior Civil Judge cum III Addl. Judicial Magistrate of First Class At Kushaiguda
Tuesday, this the 14th day of October, 2025
O.S.No.182 of 2021
Between:-
1. Kothapally Bhanu Prakash, S/o. Late K.Mohan Rao, Aged about 33 years, Occ: Private Employee, R/o. H.No. 22-3-143/B, Darab Jung Lane, Yakuthpura, Hyderabad – 500023.
2. Kothapally Bhanu Chander, S/o. Late K.Mohan Rao, Aged about 33 years, Occ: Private Employee, R/o. H.No. 22-3-143/B, Darab Jung Lane, Yakuthpura, Hyderabad – 500023.
3. Kothapally Pramod Kumar, S/o. Late K.Mohan Rao, Aged about 31 years, Occ: Private Employee, R/o. H.No. 22-3-143/B, Darab Jung Lane, Yakuthpura, Hyderabad – 500023.
4. K.Roja Rani alias Lavanya, D/o. Late K.Mohan Rao, Aged about 35 years, Occ: Private Employee, R/o. H.No. 22-3-143/B, Darab Jung Lane, Yakuthpura, Hyderabad – 500023.
…Plaintiffs.
//AND//
1. Dammalapati Chaitanya, S/o. D.Purna Chandra Rao, Aged about 40 years, Occ: Business, R/o. H.No. 9-146/1/407, CMR Residency, Malkajgiri, Hyderabad – 5000047.
2. P.Srinivas Goud, S/o. P.Chandraiah, Aged about 51 years, Occ: Business, R/o. Flat No. S-4, Sri Shiva Sai Arcade, H.No. 5-171, Old Malkajgiri, Hyderabad – 500047.
3. Bathini Kalyani, W/o. Boddu Srinivas, Aged about 40 years, Occ: Private Service.
4. Boddu Srinivas, S/o. Boddu Ramachandram, Aged about 44 years, Occ: Government Service.
Both the defendants No.3 and 4 are residing at Plot No. 84 & 85, Flat No.103, Susheel Nilayam, Rd. No.4, Deendayal Nagar, Neredmet, Malkajgiri, Medchal-Malkajgiri Disrict – 500056.
5. Kasam Mohan Rao, S/o. Kasam Brahmaiah, Aged about 69 years, Occ: Unknown, R/o. H.No. 4-1, Hanuman Takedi, Machal Bolarum, Secunderabad – 500010. … Defendants.
This suit is coming on 18-09-2025 for final hearing in the presence of Sri G.Vamshi Krishna, Advocate for the plaintiffs and Sri K.Amarender Reddy, Advocate for the defendants and the matter having stood over for consideration, till this day, the court delivers the following:-
:: JUDGMENT ::
1.This suit is filed by the plaintiffs for declaration to declare the plaintiffs as joint title holders, owners and peaceful possessors of the suit schedule property being legal heirs of their father Late K.Mohan Rao and consequently cancel both the documents i.e., the registered sale deed dated 13-12-2016 bearing document no.5601 of 2016 registered at the office of
Sub-Registrar Malkajgiri and the subsequent registered Agreement of Sale- cum-General Power of Attorney dated 15-11-2017 bearing document no.6613 of 2017 registered at the office of Sub-Registrar Malkajgiri being the same as null and void by holding them to be a false, fabricated, forged, fake and bogus document and to grant perpetual injunction to the plaintiffs directing the defendants, their henchmen, representatives, their successors, assignees and executors etc. to restrain from interfering with peaceful enjoyment of the suit schedule property.
The brief averments of the plaint are as follows:
2.a.Plaintiffs submitted that they are the legal heirs of one Late Kothapally
Mohan Rao being his biological and natural children. The Plaintiffs No. 1 to 3 are sons of Late K. Mohan Rao and Plaintiff No.4 is his daughter. Late
K.Mohan Rao was an employee of R.T.C. and as such he was member of the society formed by the APSRTC Employees. Sri K. Mohan Rao died intestate on 29-01-1999 leaving behind the Plaintiffs herein and his wife
Smt.K.Anuradha as his legal heirs. Subsequently Smt. K. Anuradha died intestate on 07-12-2015. Thus, the Plaintiffs became the joint lawful owners after demise of their father Sri Kothapally Mohan Rao on 29-01-1999 and since then they are in peaceful possession and enjoyment of the suit schedule property.
2.b.That during his life time Late K. Mohan Rao Purchased all that the open Plot bearing No. 203 of the Housing colony of the APSRTC Employees
Co-Operative Housing Society Limited, admeasuring an area of 213.8
Sq.yards or equivalent 178.74 Sq. Meters forming part of Survey No.417/1 of
Moula Ali, Malkajgiri Municipality, Medchal-Malkajgiri District (erstwhile
Ranga Reddy District) and more fully described under the schedule of property [hereinafter referred as Suit Schedule Property]. Sri K. Mohan Rao purchased the suit schedule property from his vendor i.e. Andhra Pradesh
State Road Transport Corporation Employees Co-operative Housing Society
Limited, Azamabad, Hyderabad-500020 (Registration No. T.B. 854) represented by its Vice President Mr. Andrew Joseph and Secretary
Mr. M.Abraham vide registered Sale Deed bearing Document No.1260/1982
dated 13-08-1982, registered in the office of Sub-Registrar Vallabnagar.
2.c.That Late K. Mohan Rao was the member of the Andhra Pradesh State
Road Transport Corporation Employees Co-operative Housing Society
Limited, Azamabad, Hyderabad-500020 (Registration No. T.B. 854). The said
Society purchased the open land to an extent of Ac. 14-12 Guntas forming part of Sy. No. 417/1 situated at Moula Ali, Malkajgiri Municipality,
Rangareddy District (Now Medchal-Malkajgiri District) from its vendors
Smt.Ahmadi Begum and 10 others by way of registered Sale Deeds dated 29- 01-1979 bearing document No. 852 of 1979 admeasuring Ac. 4-13 Guntas,
Sale Deed dated 05-02-1979 document No. 1326 of 1979 admeasuring Ac. 5- 17 Guntas. Thus, the vendor of 1068 of 1979 admeasuring Ac. 4.22 Guntas and Sale Deed dated 12-02-1979 Late K. Mohan Rao I.e, Andhra Pradesh
State Road Transport Corporation Employees Co-operative Housing Society
Limited, Azamabad, Hyderabad. 500020 (Registration No. T.B. 854) acquired the marketable title of the suit schedule property having purchased the same from his above said vendors. After purchasing the open land the above said society got the nature of land converted from agricultural use to residential which was notified in A.P. Gazette No. 47 dated 20-11-1980 at
Page No. 1337 and also obtained sanction of a Housing Colony Layout Plan from the then Bhagyanagar Urban Development Authority. Hyderabad vide sanction Plan No. 578/73/ZOM/HUDA dated 17-08-1981. The Father of the
Plaintiffs Late Kothapally Mohan Rao purchased the Plot No.203 i.e. the suit schedule property out of the above said approved layout and he acquired title of the suit schedule property by way of above stated sale deed.
2.d. That after purchasing the Schedule property by their father it remained as open plot for the long period as the Plaintiffs could not construct the suit schedule plot because of financial crisis. When the Plaintiffs started construction work on the suit Schedule Property, Defendant No.2 and his henchmen came to the suit schedule property on 20-01-2018 and interfered with the construction work and introduced himself as Mr. P. Srinivas Goud owner of M/s Paras Developers, having office at No.1-7-176, Opp: New Kapra
Municipal office, Kamala Nagar, ECIL, Hyderabad -500062. The Defendant
No. 2 tried to stop the construction work at the suit schedule property. He further threatened the Plaintiffs of dire consequences if they continued the construction work. Thereupon the Plaintiff No.3 submitted a complaint to
Police Station Malkajgiri against the Defendant No. 2, one Mr. D. Srinivas
Goud and other persons who supported them in trespassing the suit schedule property and threatening the Plaintiffs. Based on the above said complaint the FIR No. 70 of 2018 was registered on 21-01-2018 for the offences under sections 420, 468 and 471 of IPC arraying the Defendant
No.2 as Accused No.1, Mr. D Srinivas Goud as Accused No.2 and against and other persons.
2.e. That during the investigation in FIR No. 70 of 2018, it was revealed that the Defendants, under a criminal conspiracy, jointly created a false document i.e. the Sale Deed dated 13-12-2016 by forging the signatures of the father of the Plaintiffs who died long ago on 29-01-1999 by presenting one unknown person named Mr. Kasam Mohan Rao, S/o. Kasam Brahmaiah i.e. the Defendant No.5 herein at the office of the concerned sub registrar for the purpose of registration of the document which was registered as
Document No. 5601/2016 at the office of the Sub-Registrar, Malkajgiri and thus created a false, fabricated, fake and bogus document. The above said document is a Sham and nominal Sale Deed being a forged and fake document executed and registered by impersonating Late Kothapally. Mohan
Rao, S/o. Kothapally Brahmaiah, which is liable to be cancelled.
2.f.That it was further revealed during the investigation that Defendants, based on the false, fabricated and a fake document as stated in forgoing paragraph i.e. the Sale Deed document No. 5601/2016, further created another document i.e. the Agreement of Sale-cum-General Power of Attorney
dated 15-11-2017 executed by Sri Dammalapati Chaitanya S/o D. Purna
Chandra Rao i.e. the Defendant No. 1 herein in favour of Sri Srinivas Good i.e., the Defendant No. 2 herein without having any valuable title or right over the suit schedule property which was registered at the office of the Sub
Registrar, Malkajgiri as Document No. 6613 of 2017 having no valid title and thus the said document is a sham, invalid, ineffective, unenforceals and nominal document and the same is liable to be cancelled. It shows that the
Defendants No.1 & 2 colluded with each other and they created the above said documents with the malafide intention to grab the suit schedule property.
2.g.That it was also revealed during the investigation that subsequently the Defendant No.1 through his alleged Power of Attorney holder Mr. Sri
P.Srinivas Goud i.e. the Defendant No.2 executed a registered Sale-Deed
dated 29-11-2017 registered as Document No. 6936 of 2017 in favour of the
Defendants No. 3 and 4 taking as base and undue advantage of the false and fake documents and thus tried to create rights in the suit schedule property in favour of the third parties with the intention to illegally grab the suit schedule property.
2.h.That after investigation in the FIR No. 70 of 2018 P.S. Malkajgiri has filed charge sheet on 31-07-2020 in the Court of the Hon'ble Principal
Junior Civil Judge-cum-XVII Additional Metropolitan Magistrate, Malkajgiri against all the four Defendants herein which has been numbered as CC No.
1088/2020 and which is pending as on date in the stage of appearance of the Accused.
2.i.That they came to know from the Certificate of Encumbrance that after the criminal case was registered against the Defendants, the
Defendants have cancelled the registered Sale Deed dated 29-11-2017 bearing Document No. 6936 of 2017 by way of a registered Cancellation
Deed dated 12-06-2019 bearing Document No. 4462/2019 executed by the
Defendants No. 1 & 2 in favour of the Defendants No. 3 & 4.
2.j. That they are joint owners of the suit schedule property by virtue of succession after demise of their father Late K. Mohan Rao on 29-01-1999 who died intestate. The Defendants have tried to grab the suit schedule property by crating the false, fabricated, fake, bogus, sham and nominal documents as stated above. In the circumstances it is in the interest of justice to declare the Plaintiffs as owners and possessors of the suit schedule property being the legal heirs of Late K. Mohan Rao (Kothapally
Mohan Rao) and further to declare the aforementioned documents i.e. (1) the
Sale Deed dated 13-12-2016 bearing Document No. 5601/2016 executed by impersonated person named Mr. Kasam Mohan Rao, S/o Kasam Brahmaiah i.e. the Defendant No.5 herein in favour of Sri Dammalapati Chaitanya /
Defendant No. 1, (2) Agreement of Sale-cum-General Power of Attorney dated 15-11-2017 bearing Document No. 6613/2017 executed by Sri Dammalapati
Chaitanya S/o D. Purna Chandra Rao (Defendant No.1) in favour of Sri P.
Srinivas Goud (Defendant No.2) as null and void, the same to be cancelled and further to grant perpetual injunction against the defendants herein, their representatives any person claiming title through them and their henchmen with the direction not to interfere with peaceful possession and enjoyment of the Plaintiffs over the suit schedule property. As such, the plaintiff filed the suit.
3.On receipt of summons Defendants No.1, 2 and 5 failed to appear
before the court and file counter, hence the defendants No.1, 2 and 5
remained exparte to the suit. The defendants No.3 and 4 filed written statement denying the averments of the plaint but, during the pendency of the suit proceedings, the suit against the defendants No.3 and 4 is not pressed on 11.09.2025.
4. During the course of plaintiffs’ evidence, plaintiff was examined as PW-1 and Exs.A1 to A13 got marked.
5.Heard the learned counsel for the plaintiff.
6. Now the points for consideration is :
1. Whether the plaintiffs are entitled to the relief of declaration to declare the plaintiffs as joint title holders, owners and peaceful possessors of the suit schedule property as prayed for ?
2. Whether the plaintiff is entitled for the relief of declaration to declare the registered sale-deed document bearing No.5601/2016 and registered agreement of sale cum General Power of Attorney document No.6613/2017 as null and void as prayed for ?
3. Whether the plaintiff is entitled for the relief of perpetual injunction restraining the defendants, their henchmen, representatives, their successors, assignee’s and executors etc., to restrain from interfering into the peaceful possession and enjoyment of the plaintiff over the suit schedule property as prayed for ?
4. To what relief ?
POINT No.1 to 3:
7.Since the Point No.1 to Point No.3 are interconnected therefore these points are discussed under one head. The case of the plaintiff is that they are joint owners of the suit schedule property by virtue of succession after demise of their father Late K.Mohan Rao on 29-01-1999 who died intestate and the Defendants have tried to grab the suit schedule property by crating the false, fabricated, fake, bogus, sham and nominal documents as such since the Plaintiffs are owners and possessors of the suit schedule property being the legal heirs of Late K.Mohan Rao (Kothapally Mohan Rao) and hence to declare the documents i.e. (1) the Sale Deed dated 13-12-2016 bearing Document No. 5601/2016 executed by impersonated person named
Mr. Kasam Mohan Rao, S/o Kasam Brahmaiah i.e. the Defendant No.5 herein in favour of Sri Dammalapati Chaitanya/Defendant No. 1, (2)
Agreement of Sale-cum-General Power of Attorney dated 15-11-2017 bearing
Document No. 6613/2017 executed by Sri Dammalapati Chaitanya S/o D.
Purna Chandra Rao (Defendant No.1) in favour of Sri P. Srinivas Goud (Defendant No.2) as null and void and the same to be cancelled and further to grant perpetual injunction against the defendants herein, their representatives any person claiming title through them and their henchmen with the direction not to interfere with peaceful possession and enjoyment of the Plaintiffs over the suit schedule property.
8.To prove their case, plaintiff No.1 filed his chief examination affidavit in lieu of chief examination and reiterated the contents of plaint averments and examined as PW-1 and got marked Ex.A1 to A13. Ex.A1 is the CC of
Registered Sale-deed document No.1260/1982, dt. 13.08.1982. Ex.A2 is the
CC of the Death certificate of Late K.Mohan Rao, dt. 29.01.1999, Ex.A3 is the CC of Death Certificate of Smt.K.Anuradha, dt. 07.12.2015, Ex.A4 is the
Copy of Family Member Certificate, dt.29.04.2016, Ex.A5 is the CC of Sale- deed document No.5601/2016, dt. 13.12.2016, Ex.A6 is the CC of
Agreement of Sale cum General Power of Attorney document bearing
No.6613/2017, dt: 29.11.2017, Ex.A7 is the CC of Sale-deed bearing document No.6936/2017, dt. 29.11.2017. Ex.A8 is the CC of Encumbrance
Certificate, dt. 21.12.2020, Ex.A9 is the CC of Cancellation Deed document
No.4462/2019, dt. 11.06.2019, Ex.A10 is the Market Value Certificate, dt.
07.01.2021. Ex.A11 is the CC of Sale-deed document bearing No.852/1979,
Ex.A12 is the CC of document bearing No.1068/1971. Ex.A13 is the CC of document bearing No.1326/1979, dt. 12.02.1979.
9. On perusal of Ex.A1, plaintiffs are able to establish that their father has purchased the suit schedule property through document bearing
No.1260 of1982 dated 13.08.1982 from APSRTC i.e., Ex.A1. As seen from the Ex.A5 sale-deed document bearing No.5601 of 2016, dated 13.12.2016 it appears that age of K.Mohan Rao vendor of the document was shown as 65 years but as seen from the death certificate of K.Mohan Rao, Ex.A2, he died on 29.01.1999 which means Ex.A5 was executed after the death of said
K.Mohan Rao. Further, as seen from the Voter ID card, Ex.A5, the date of birth of K.Mohan Rao was shown as 07.03.1956. Though for a while if consider that the said K.Mohan Rao was alive on the date of execution of
Ex.A5, when calculated the age of said Mohan Rao based on the Voter ID
Card annexed to the Ex.A5, the age of Mohan Rao was not 65 years. As such, it raises a doubt as to the legality in execution of Ex.A5 and there exist impersonation of father of plaintiff and subsequently there exists a doubt as to the execution of Ex.A6. Further, it is stated by the plaintiffs that defendants have cancelled the registered sale deed dated 29.11.2017 bearing document No.6936 of 2017 by way of registered cancellation deed dated 11.06.2019 bearing document No.4462 of 2019 executed by the defendants
No.1 and 2 in favour of defendants No.3 and 4, as there is no rebuttal evidence adduced by the defendant to the aforesaid plea of cancellation deed, this court believes that document bearing No.6936 of 2017 executed by defendants No.1 and 2 in favour of defendants No.3 and 4 basing on the document bearing No.6613 of 2017 dated 29.11.2017 is cancelled as it is executed basing on the false and fabricated document.
10.In view of the above discussion, this court believes that Ex.A5 and subsequent document Ex.A6 are executed by impersonate the father of the plaintiffs K.Mohan Rao. As such, plaintiff is liable to be entitled for the cancellation of documents Ex.A5/Sale deed document No.5601 of 2016
dated 13.12.2016 and Ex.A6/Agreement of sale cum General Power of
Attorney document No.6613 of 2019 dated 29.11.2017. Accordingly, the points No.1 to 3 are answered in favour of the plaintiffs and against the defendants.
POINT NO.4:-
11.In the result, this suit is decreed without costs as follows:
i) The plaintiffs are declared as joint title holders, owners and peaceful possessors of the suit schedule property being legal heirs of Late
K.Mohan Rao.
ii) The registered Sale-deed dated 13.12.2016 bearing document
No.5601 of 2016 registered at the office of the Sub-Registrar Malkajgiri and the subsequent registered Agreement of Sale-cum-General Power of Attorney
dated 15.11.2017 bearing document No.6613 of 2017 registered at the office
of the Sub-Registrar Malkajgiri is hereby cancelled and the same is declared as null and void and not binding on the plaintiff.
iii) Further, the perpetual injunction is granted in favor of the plaintiffs and against the defendants No.1, 2 and 5 directing the defendants No.1, 2 and 5, their henchman, representatives, their successors, assignees and executors, etc., restraining from interfering with peaceful enjoyment of the suit schedule property.
Typed on my dictation by Stenographer, corrected and pronounced by me in the open Court on this the day of 14 th day of October , 2025.
III Addl. Junior Civil Judge-cum III Addl. Judicial Magistrate of First Class, At Kushaiguda
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PLAINTIFF FOR DEFENDANT
PW-1:K.Bhanu PrakashNil
EXHIBITS MARKED
FOR PLAINTIFF:-
Ex.A1 is the CC of Registered Sale-deed document No.1260/1982,
dt. 13.08.1982.
Ex.A2 is the CC of the Death certificate of Late K.Mohan Rao,
dt. 29.01.1999.
Ex.A3 is the CC of Death Certificate of Smt.K.Anuradha, dt. 07.12.2015.
Ex.A4 is the Copy of Family Member Certificate, dt.29.04.2016.
Ex.A5 is the CC of Sale-deed document No.5601/2016, dt. 13.12.2016.
Ex.A6 is the CC of Agreement of Sale cum General Power of Attorney document bearing No.6613/2017, dt: 29.11.2017.
Ex.A7 is the CC of Sale-deed bearing document No.6936/2017,
dt. 29.11.2017.
Ex.A8 is the CC of Encumbrance Certificate, dt. 21.12.2020.
Ex.A9 is the CC of Cancellation Deed document No.4462/2019,
dt. 11.06.2019.
Ex.A10 is the Market Value Certificate, dt. 07.01.2021.
Ex.A11 is the CC of Sale-deed document bearing No.852/1979.
Ex.A12 is the CC of document bearing No.1068/1971.
Ex.A13 is the CC of document bearing No.1326/1979, dt. 12.02.1979.
FOR DEFENDANT:-
III Addl. Junior Civil Judge-cum III Addl. Judicial Magistrate of First Class, At Kushaiguda