Sri. Prithvi Raj D T

OS No.316 of 2020, AJCJ, Jangaon,

dt.28-03-2022

IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL JUDGE, JANGAON

PRESENT: SRI PRITHVI RAJ D T,

Principal Junior Civil Judge,

FAC Addl.Junior Civil Judge , Jangaon

Monday, the 28th day of March, 2022

O.S.NO.316 OF 2020

BETWEEN:

Pramila Janardhan Yelagandula, W/o.Janardhan, Aged 59 years, Occu: Housewife, R/o.H.No.657/20, Third Floor Thane Road, Gouripada Bhiwandi, Maharashtra, represented through her GPA holder Yelagandula Goverdhan, S/o.Late Sudharshan, Aged 40 years, Occu: Business, R/o.H.No.2-9-75/6, Ganesh Street, Jangaon Town and District. … Plaintiff. AND

1. Makala Shantha, W/o.Late Ramgopal, Aged 50 years, Occu: Housewife R/o.H.No.1-3-8, Near Govt.Hospital, Jangaon Town & District.

2. Makala Nikil, S/o.Late Ramgopal, Aged 23 years, Occu:Business, R/o.H.No.1-38, Near Govt.Hospital, Jangaon Town & District. … Defendants. -o0o-

This suit is coming up before me in the presence of Sri Y.Chandra Rushi and Sri Sd.Anwarullah, Advocates for the plaintiff and the defendants were remained ex-parte and the matter having 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 for perpetual injunction.

2.The plaintiffs claims that, he is an absolute owner of the Residential

House bearing House No.3-3-18, Bus Stand Road, admeasuring 175.75

Sq.yards equivalent 146.72 Sq.meters, situated at Bus Stand Road,

Jangaon Town and Mandal, Jangaon District.

Page No. 1 of 6

OS No.316 of 2020, AJCJ, Jangaon,

dt.28-03-2022 2.1. The Plaintiff claims that, he has purchased the Suit house property for a valuable consideration from its previous owner Makala Krishna Deva @

Rama Krishna through a Registered Sale Deed bearing document

No.8246 of 2019, dated 13-06-2019 on the file of Sub-Registered,

Jangaon with fixed measurements and boundaries and she was inducted into possession of the same. Since the date of purchase, the Plaintiff is in continuous peaceful possession and enjoyment of the same without any obstruction or interference from any corner. After purchase, she applied for mutation, the Municipal authorities after due enquiry issued Mutation

Proceeding on 11-10-2019 and also issued Ownership Certificate. The

Suit scheduled land, old house and road widening due to which a new building permission was applied and paid necessary Tax till today to the concerned authority. The plaintiff applied for permission to construct a house, the Commissioner Jangaon Municipality has issued Building permission Order vide proceedings File No.3002/W20/2020/1824, dated 16-06-2020 with plan and she in peaceful possession of the suit schedule house as its true owner and possessor since the date of it purchase.

2.2. The Plaintiffs submit that, the Respondents are strangers and no way concerned with the suit schedule house, they have no manner of right, title or interest over the suit house property. They have casted greedy and evil eye over the suit schedule property and hatching plan to occupy the same and they also instigated by the local unsocial elements in pursuance of the illegal plans to occupy the suit schedule property. On

Page No. 2 of 6

OS No.316 of 2020, AJCJ, Jangaon,

dt.28-03-2022 02-08-2020 they came upon and made futile attempts to dispossess the

Plaintiff, however could resist the illegal acts of the Respondents temporarily with the assistance of the saner elements of the local area.

They left the spot temporarily declaring that they will come again and occupy the suit schedule land by any means in future and they were much supported by money, men and much supported by unsocial elements of the area. The Plaintiff is very weak in finance and not supported by any money or men and apprehends danger to his legitimate rights and possession over the suit schedule property at the hands of the Respondents. The Suit schedule or no way concerned, whatsoever nature, but however the Plaintiff with help of his well wishers could resist the illegal acts of the Respondents for time being. The

Plaintiff is not in a position to protect his possession over the Suit schedule house without the aid and assistance of this Hon’ble Court.

Hence the suit for permanent injunction.

3.Summons were served upon the defendants. However, they remained absent, as such they were ex-parte.

4.During the enquiry, the Plaintiff was examined as PW1 and exhibits A1 to

A18 were marked and he was not cross-examined.

5.Heard, the learned counsel for the Plaintiff and perused the material on record.

Page No. 3 of 6

OS No.316 of 2020, AJCJ, Jangaon,

dt.28-03-2022

6.Now the point for determination is: Whether the Plaintiff is entitled for Perpetual injunction?

POINT:

6.1. ExA12 is the GPA executed by the plaintiff in favour of the PW1 who filed the present suit on behalf of the plaintiff and has represented her.

The undisputed evidence of the PW1 and the supporting document would establish that the PW1 has the lawful right to file the suit and depose on behalf of the plaintiff. ExA1 is the registered sale deed through which the plaintiff purchased the suit schedule property. ExA2 is the ownership certificate, ExA3 is the mutation proceedings, ExA4 is the building permission with a map issued by the concerned authorities favouring the plaintiff. All these documents are in consonance with the unchallenged testimony of the PW1 which shows that the plaintiff is in lawful possession of the suit schedule property. The remaining documents which are title deeds of the plaintiff’s vendor are also in consonance with the evidence of the PW1 and the unrebutted evidence on record would categorically establish that the plaintiff is in lawful possession of the suit schedule property within the boundaries pleaded. The oral testimony further establishes that the defendants have interfered with the possession of the plaintiff as such the threat of dispossession is imminent. As there is no material before this court to infer otherwise, this court is of the considerate opinion that the plaintiff is entitled for the relief claimed. The point is answered accordingly.

Page No. 4 of 6

OS No.316 of 2020, AJCJ, Jangaon,

dt.28-03-2022

In the result, the suit is decreed without costs granting perpetual injunction in favour of the plaintiff, restraining the defendants, their followers, legal heirs, relatives, agents, workmen, friends, yes-men and all other persons claiming through them from interfering into the peaceful possession and enjoyment of the plaintiff over the suit land.

(Typed to my dictation by the Stenographer, corrected and pronounced by me in the open Court on this the 28thday of March, 2022)

Sd/-

FAC ADDL. JUNIOR CIVIL JUDGE,

JANGAON.

APPENDIX OF EVIDENCE

Witnesses Examined

For PlaintiffFor Defendants

PW-1 : Yelagandula Goverdhan -None-

Exhibits Marked

For Plaintiff:

Ex. A1 Registered Sale Deed bearing doct.No.8246/2019 executed in favour of Pramila Janardhan

Ex. A2 Ownership Certificate issued by Municipality Jangaon.

Ex. A3 Mutation proceedings issued by Commissioner, Jangaon Municipality in favour of Pramila Janrdhan Yelagandula.

Ex. A4 Building permission with Map issued by Commissioner, Jangaon Municipality.

Ex. A5 Irrevocable Gift settlement Deed document No.11265/2014. Executed in favour of Mekala Krishna Deva @ Rama Krishna.

Ex. A6 Registered Sale Deed document No.4088/1976 in favour of Mekala Sathamma.

Page No. 5 of 6

OS No.316 of 2020, AJCJ, Jangaon,

dt.28-03-2022

Ex. A7 Mutation Proceedings issued by Commissioner Jangaon Muncipality in favour of Mekala Krishna Deva @ Rama Krishna

Ex. A8 Mutation Fee Receipt, dated 05-03-2015.

Ex. A9 Property Tax Receipt for the year 2019.

Ex.A10 Property Tax Receipt for the year 2019.

Ex.A11 Electricity Bill Receipt, dated 12-03-2019.

Ex.A12 G.P.A. executed by the Plaintiff.

Ex.A13 Certified copy of cancellation Deed, document No.4649/2010 executed by Mekala Sathemma.

Ex.A14 Original Cancellation deed, document No.4649/2010.

Ex.A15 Original property Tax Receipt, dated 31-08-2014.

Ex.A16 Original property Tax Receipt, dated 11-12-2014.

Ex.A17 Original Acknowledgment Receipt issued by PS Jangaon.

Ex.A18 Original property Tax Receipt, dated 30-03-2013.

For Defendant:

-NIL-

Sd/-

FAC ADDL. JUNIOR CIVIL JUDGE,

JANGAON

Page No. 6 of 6

OS No.316 of 2020, AJCJ, Jangaon,

dt.28-03-2022

D E C R E E

IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL JUDGE, JANGAON

PRESENT: SRI PRITHVI RAJ D.T,

Principal Junior Civil Judge,

FAC Addl.Junior Civil Judge, Jangaon

Monday, the 28th day of March, 2022

O.S.NO.316 OF 2020

BETWEEN:

Pramila Janardhan Yelagandula, W/o.Janardhan, Aged 59 years, Occu: Housewife, R/o.H.No.657/20, Third Floor Thane Road, Gouripada Bhiwandi, Maharashtra, represented through her GPA holder Yelagandula Goverdhan, S/o.Late Sudharshan, Aged 40 years, Occu: Business, R/o.H.No.2-9-75/6, Ganesh Street, Jangaon Town and District. … Plaintiff. AND

1. Makala Shantha, W/o.Late Ramgopal, Aged 50 years, Occu: Housewife R/o.H.No.1-3-8, Near Govt.Hospital, Jangaon Town & District.

2. Makala Nikil, S/o.Late Ramgopal, Aged 23 years, Occu:Business, R/o.H.No.1-38, Near Govt.Hospital, Jangaon Town & District. … Defendants.

CLAIM FOR: This is a suit filed u/s.26 R/w order VII Rule 1 and 2 of C.P.C filed by the plaintiff praying the Hon’ble Court to grant perpetual injunction restraining the defendants, their followers, their family members, servants, associates, relatives, workmen, agents and assignees etc., from entering or interfering any manner or otherwise causing hindrance in the possession and enjoyment of the Plaintiff permanently over the Suit Schedule properties and award costs of the suit.

Plaint presented on : 06-08-2020

CAUSE OF ACTION: Cause of action for the suit arose on 16-07- 2020 when the defendant tried to interfere in the peaceful possession and enjoyment of the Plaintiff over the suit schedule house property without any right what-so-ever and attempted to occupy the suit schedule house property which was resisted by the Plaintiff.

Page No. 7 of 6

OS No.316 of 2020, AJCJ, Jangaon,

dt.28-03-2022

VALUATION OF THE SUIT: This being a suit for permanent injunction plaintiff valued the suit notionally at Rs.15,000/- on which a Court Fee of Rs.1,086/- is paid on each item U/Sec.26 (c) of APCF and SV Act.

D E C R E E: This suit is coming on this day before me for final hearing in the presence of Sri Y.Chandra Rushi and Sri Sd.Anwarullah, Advocates for the plaintiffand the defendants were remained ex-parte and the matter having stood over for consideration till this day, this Court DOTH ORDER AND DECREE :

1. That the suit is of the Plaintiff be and is hereby decreed by granting perpetual injunction.

2. That the defendants, their followers, legal heirs, relatives, agents, workmen, friends, yes-men and all other persons be and are hereby restrained from entering into the peaceful possession and enjoyment of the plaintiff over the suit schedule property.

3. That the defendant be and is hereby directed to pay the Plaintiff a sum of Rs.1,448/- (Rupees One thousand Four hundred Forty Eight only) towards costs of this suit.

Sd/-

FAC Addl. Junior Civil Judge, Jangaon,

S C H E D U L E

Showing the particulars of the House property situated at H.No.3-3-18, Bus Stand Road, Jangaon Town and Mandal, Jangaon District.

----------------------------------------------------------------------------------------------- Sl. House Number Extent Remarks

No. Sq.Yds., Sq.Mtr. -----------------------------------------------------------------------------------------------

1. 3-3-18 175.25 Sq.yards equivalent 146.72 Sq.Meters

BOUNDARIES

EAST :House of Gadepaka Muthat & Others

WEST:House of Srimannarayana & Others

NORTH:House of Gopal Reddy

SOUTH:100 feet wide Road

Page No. 8 of 6

OS No.316 of 2020, AJCJ, Jangaon,

dt.28-03-2022

PARTICULARS OF COSTS

For Plaintiff: For Defendant: Rs. Ps.Rs. Ps. Plaint Fee1,086-00 Ex-parte Stamp on Vakalath2-00– Advocate fees N.C–

Process fees 60-00– Stamps on Exhibits ---- Commissioner’s fee ---- Miscellaneous 300-00-- Publication charges ---- Total 1,448-00NIL

Sd/-

FAC Addl. Junior Civil Judge, Jangaon.

Note:- Both parties are directed to apply for return of documents which they want to preserve as the documents are liable for destruction after three years from this date.

Page No. 9 of 6

OS No.18 of 2022, AJCJ, Jangaon,

dt.29-03-2022

IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL JUDGE, JANGAON

PRESENT: SRI PRITHVI RAJ D T,

Principal Junior Civil Judge,

FAC Addl.Junior Civil Judge , Jangaon

Tuesday, the 29th day of March, 2022

O.S.NO.18 OF 2022

BETWEEN:

Bhukya Amar Singh, S/o.Late Surya, Aged about 62 years, Occu: Agriculture, R/o.H.No.5-31, Kusmbai Thanda, Ashwaraopally Post and Village, Raghunathpally Mandal, Jangaon District.

… Plaintiff. AND

1. Bhukya Komurelli @ Kommi, S/o.Late Surya, Aged about 66 years, Occu: Agriculture,

2. Bhukya Sayamma, W/o. Komurelli @ Kommi, Aged about 55 years, Occu: Agriculture & Household,

3. Bhukya Ravi, S/o.Komurelli @ Kommi, Aged about 46 years, Occu: Agriculture,

4. Bhukya Naresh, S/o.Komurelli @ Kommi, Aged about 38 years, Occu: Agriculture,

All are R/o.Kusumbai Thanda, Ashwaraopally Post and Village, Raghunathpally Mandal, Jangaon District. … Defendants. -o0o-

This suit is coming up before me in the presence of Sri G.Raja Shekar and Sri Ch.Krian Kumar, Advocates for the plaintiff and the defendants were remained ex-parte and the matter having 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 for perpetual injunction.

Page No. 1 of 5

OS No.18 of 2022, AJCJ, Jangaon,

dt.29-03-2022

2.The plaintiffs claims that he is the absolute owner and possessor of agricultural land measuring an extent of Ac.2-09 gts., covered by

Sy.No.186/2/1 situated at Machupahad Village Narmetta Revenue

Mandal, Jangaon District.

2.1. Originally the Suit schedule land belonged to one Zamindar Ram Singh till the year 1985. The Plaintiff and his wife worked under Zamindar. The

Plaintiff purchased land measuring an extent of Ac.4-00 gts., from

Zamindar in the year 1987. Subsequently he got the said land mutated in his name in the Revenue records and they issued Pattadar Passbook bearing No.T23090021061 and Khata No.4450. The Plaintiff gifted land to an extent of 1-00 gts., acre to his elder daughter and an extent of 0-20 gts., sold away to younger daughter.

2.2. The Plaintiffs submit that, out of his necessities has sold away an extent of

Ac.0-11 gts., to the defendant No.1 and delivered vacant possession of said extent. After alienation, the remaining land measuring Ac.2-09 gts., is in ownership and possession of Plaintiff. The said extent of Ac.0-11 gts., not recorded in the name of defendant No.1 in the Revenue records, but still it is standing in the name of Plaintiff in the Revenue records, however the Plaintiff is no way concerned with said extent. The Plaintiff is in peaceful possession and enjoyment of suit schedule land as its absolute owner.

2.3. The Plaintiff submits that, the Defendants do not possess any right, title or interest over the suit schedule land, they have casted an evil and

Page No. 2 of 5

OS No.18 of 2022, AJCJ, Jangaon,

dt.29-03-2022 greedy eye over the suit land and started to encroach upon the same. On 19-12-2021 they made futile attempts to occupy the portion of the same with false claims, but the Plaintiff with the aid and assistance of saner elements of the area was able to resist the illegal activities of the

Respondents. While leaving the suit land, the Defendants threatened that they will definitely come again with more force to occupy the suit land at any cost. The Plaintiff apprehends danger to his rights over the suit land at the hands of the Defendants as they are most influential and monied persons in the village and the plaintiff is not in a position to protect his possession over the Suit schedule house without the aid and assistance of this Hon’ble Court. Hence the suit for permanent injunction.

3.Summons were served upon the defendants. However, they remained absent, as such they were ex-parte.

4.During the enquiry, the Plaintiff was examined as PW1 and exhibits A1 to

A7 were marked and he was not cross-examined.

5.Heard, the learned counsel for the Plaintiff and perused the material on record.

6.Now the point for determination is: Whether the Plaintiff is entitled for Perpetual injunction?

POINT:

Page No. 3 of 5

OS No.18 of 2022, AJCJ, Jangaon,

dt.29-03-2022 6.1. Ex.A1 is the original pattadar passbook issued in the name of the plaintiff by the revenue records. Ex.A6 and Ex.A7 are the certified copies of 1-B Namoona issued by the revenue authorities. These documents would establish that the plaintiff is the pattadar of the suit schedule property. Ex.A2 to Ex.A5 are the pahanies for the respective years which show that the suit schedule property is in possession of the plaintiff.

These documents are in consonance with the pleadings of the plaintiff and the oral evidence of the plaintiff as PW1 is undisputed and has remained unchallenged. The oral evidence of the plaintiff would establish that there is threat of dispossession from the defendants. Therefore this court is of the view that the plaintiff is entitled for an equitable remedy of perpetual injunction. The point is answered accordingly.

In the result, the suit is decreed with costs granting perpetual injunction in favour of the plaintiff restraining the defendants, their family members, relatives, servants, associates, agents, workmen, friends and assignees etc., from entering into or interfering in any manner or otherwise causing any hindrances into the peaceful possession and enjoyment of the plaintiff over the suit land.

(Typed to my dictation by the Stenographer, corrected and pronounced by me in the open Court on this the 29thday of March, 2022)

Sd/-

FAC ADDL. JUNIOR CIVIL JUDGE,

JANGAON.

Page No. 4 of 5

OS No.18 of 2022, AJCJ, Jangaon,

dt.29-03-2022

APPENDIX OF EVIDENCE

Witnesses Examined

For PlaintiffFor Defendants

PW-1 : Bhukya Amar Singh -None-

Exhibits Marked

For Plaintiff:

Ex. A1 Original Pattadar Pass Book.

Ex. A2 Certified copy of Pahani for the year 2002-2003.

Ex. A3 Certified copy of Pahani for the year 2006-2007.

Ex. A4 Certified copy of Pahani for the year 2008-2009.

Ex. A5 Original Mee seva Pahani for the year 2017.

Ex. A6 Original Mee seva 1-B Namuna (ROR) for the year 2018.

Ex. A7 Original Mee seva 1-B Namoona (ROR) for the year 2019.

For Defendant:

-NIL-

Sd/-

FAC ADDL. JUNIOR CIVIL JUDGE,

JANGAON

Page No. 5 of 5

OS No.18 of 2022, AJCJ, Jangaon,

dt.29-03-2022

D E C R E E

IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL JUDGE, JANGAON

PRESENT: SRI PRITHVI RAJ D.T,

Principal Junior Civil Judge,

FAC Addl.Junior Civil Judge, Jangaon

Tuesday, the 29th day of March, 2022

O.S.NO.18 OF 2022

BETWEEN:

Bhukya Amar Singh, S/o.Late Surya, Aged about 62 years, Occu: Agriculture, R/o.H.No.5-31, Kusmbai Thanda, Ashwaraopally Post and Village, Raghunathpally Mandal, Jangaon District. … Plaintiff. AND

1. Bhukya Komurelli @ Kommi, S/o.Late Surya, Aged about 66 years, Occu: Agriculture,

2. Bhukya Sayamma, W/o. Komurelli @ Kommi, Aged about 55 years, Occu: Agriculture & Household,

3. Bhukya Ravi, S/o.Komurelli @ Kommi, Aged about 46 years, Occu: Agriculture,

4. Bhukya Naresh, S/o.Komurelli @ Kommi, Aged about 38 years, Occu: Agriculture,

All are R/o.Kusumbai Thanda, Ashwaraopally Post and Village, Raghunathpally Mandal, Jangaon District. … Defendants.

CLAIM FOR:This is a suit filed u/s.26 r/w order VII Rule 1 of C.P.C filed by the plaintiff praying the Hon’ble Court to declare the Plaintiff restraining the defendants, their followers, legal heirs, relatives, agents, workmen, friends, yesmen and all other persons claiming through them from interfering or interfering into the peaceful possession and enjoyment of the Plaintiff over the suit schedule property and award costs of the suit.

Plaint presented on : 06-01-2022

CAUSE OF ACTION: Cause of action for the suit arose on 19-12- 2021 at Machupahad Village, Narmettal Revenue Mandal, Jangaon District when the defendants sought interference in the peaceful

Page No. 6 of 5

OS No.18 of 2022, AJCJ, Jangaon,

dt.29-03-2022 possession and enjoyment of Plaintiff over the suit land and attempted to occupy the portion of the same which was resisted by the Plaintiff.

VALUATION OF THE SUIT:

This being a suit for permanent injunction plaintiff valued the suit notionally at Rs.15,000/- on which a Court Fee of Rs.1,086/- is paid on each item U/Sec.26 (c) of APCF and SV Act.

D E C R E E: This suit is coming on this day before me for final hearing in the presence of Sri G.Raja Shekar and Sri Ch.Kiran Kumar, Advocates for the plaintiffand the defendants were remained ex-parte and the matter having stood over for consideration till this day, this Court DOTH ORDER AND DECREE :

1. That the suit is of the Plaintiff be and is hereby decreed by granting perpetual injunction.

2. That the defendants, their followers, legal heirs, relatives, agents, workmen, friends, yes-men and all other persons be and are hereby restrained from entering into the peaceful possession and enjoyment of the plaintiff over the suit schedule property.

3. That the defendant be and is hereby directed to pay the Plaintiff a sum of Rs.1,508/- (Rupees One thousand Five hundred Eight only) towards costs of this suit.

Sd/-

FAC Addl. Junior Civil Judge, Jangaon,

S C H E D U L E

Showing the particulars of the agricultural land siutated at Machupahad Village, Narmetta Revenue Mandal, Jangaon District.

----------------------------------------------------------------------------------------------- Sl. Survey Extent Boundaries No. Number -----------------------------------------------------------------------------------------------

1. 186/2/1/1 2-09 East: Land of Guguloth Chinni

West: Land of Bichya Bhukya

North: Land of Bhukya Komurelli

South: Land of Mangya Mood

Page No. 7 of 5

OS No.18 of 2022, AJCJ, Jangaon,

dt.29-03-2022

PARTICULARS OF COSTS

For Plaintiff: For Defendant: Rs. Ps.Rs. Ps. Plaint Fee1,086-00 Ex-parte Stamp on Vakalath2-00– Advocate fees N.C–

Process fees120-00– Stamps on Exhibits ---- Commissioner’s fee ---- Miscellaneous 300-00-- Publication charges ---- Total 1,508-00NIL

Sd/-

FAC Addl. Junior Civil Judge, Jangaon

Note:- Both parties are directed to apply for return of documents which they want to preserve as the documents are liable for destruction after three years from this date.

Page No. 8 of 5

OS No.84 of 2020, AJCJ, Jangaon,

dt.19-11-2021

IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL JUDGE, JANGAON

PRESENT: S RI . PRITHVI RAJ D T, Addl.Junior Civil Judge , Jangaon

Friday, the 19th day of November, 2021

O.S.NO.84 OF 2020

BETWEEN:

Kandula Bixapathi, S/o.Narsaiah, Aged 48 years, Occu: Agriculture, R/o.Raghavapuram Village of Station Ghanpur Mandal of Jangaon District.

… Plaintiff. AND

1. Shivaratri Laxmaiah, S/o.Ilaiah, Aged 60 years, Occu: Agriculture,

2. Shivaratri Gattaiah, S/o.Laxmaiah, Aged 40 years, Occu: Agriculture,

3. Shivaratri Srinivas, S/o.Laxmaiah, Aged 35 years, Occu: Agriculture,

4. Shivaratri Mahesh, S/o.Laxmaiah, Aged 30 years, Occu: Agriculuture,

All are R/o.Govardhangiri (V), Raghunathpally (M), Jangaon District.

… Defendants.

-o0o-

This suit is coming up before me in presence of Sri A.Srihari, Advocate for the plaintiffand the defendants were set ex-parte and the matter having 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 for perpetual injunction.

2.The plaintiff claims that he is the absolute owner and possessor of the land to an extent of Ac.1-04 gts., in Sy.Nos.236/A/1 dry land situated at

Govardhanagiri Sivaru Village of Raghunathpally Mandal of Jangaon District.

2.1. The Plaintiff claims that, the suit schedule property is the ancestral property of the plaintiff. The father of the Plaintiff died on 24-08-2014 and the suit land was on the name of the father of the plaintiff, after the death of his father, the Plaintiff is in peaceful possession and enjoyment of the same. The ownership and possession of the above suit land was recorded in the concerned Revenue records in his name and also issued Tale Pass Book and also entered in the 1-B Namoona ROR Form dated 18-10-2019 and Mee

Page No. 1 of 6

OS No.84 of 2020, AJCJ, Jangaon,

dt.19-11-2021 seva pahani for the Fasli year 2017 dated 18-10-2019 and they also issued

New Pattedar Pass Book and Title ded in his favour. The name of the father of the Plaintiff also entered in the pahanies for all the years 1995-96 to 2008-2009 as Pattedar and posessor of the suit schedule land.

2.2. The Plaintiff claims that, the defendants are the strangers and no way concerned with the suit schedule property and they are trying to grab the suit schedule land for wrongful gain and with mallafied intention with an ill- motive and for that evil intention, they are interfering into the peaceful possession and enjoyment of the suit land. The defendants are having no right claim and interest in or over the suit scheudle property of what so ever nature. On 20-01-2020 the defendants along with some anti social elements came over to the suit schedule land and tried to dispossess the suit schedule land, the plaintiff with the help of his well wishers could resisted illegal acts of the defendants, while leaving the spot, they openly said that they will not keep quite and they will come by mustering force and to occupy the suit land by hook or crook. The Plaintiff is unable to protect his possession over the suit schedule property without aid and assistance of the Hon’ble Court. Hence, this suit.

3.Summons were served upon the defendants. However they remained absent, as such they were ex-parte.

4.During the enquiry, the Plaintiff was examined as PW1 and exhibits A1 to

A15 were marked and he was not cross-examined. Sri Kandula Ramesh was examined as PW2.

5.Heard, the learned counsel for the Plaintiff and perused the material on record.

6.Now the point for determination is: Whether the Plaintiff is entitled for perpetual injunction?

POINT:

Page No. 2 of 6

OS No.84 of 2020, AJCJ, Jangaon,

dt.19-11-2021

Ex.A1 and Ex.A15 are revenue records and pattadar passbooks which are in the name of the plaintiff and his father, these documents are in consonance with the pleadings of the plaintiff that he is in lawful possession of the suit schedule property. The oral testimony of the plaintiff has remain unchallenged and undisputed, the evidence on record supported by the revenue records would establish that the plaintiffs are in lawful possession of the suit schedule property and the threat of dispossession was eminent.

Therefore considering the evidence available on record this court is inclined to grant injunction. The point is answered accordingly.

In the result, the suit is decreed with costs granting perpetual injunction in favour of the plaintiffs restraining the defendants, their men, family members, associates, workmen, servant, agents and assignees etc. from entering into or otherwise causing any interference in the peaceful possession and enjoyment of the plaintiff over the suit land.

(Typed to my dictation by the Stenographer, corrected and pronounced by me in the open Court on this the 19h day of November, 2021)

Sd/-

ADDL. JUNIOR CIVIL JUDGE,

JANGAON.

APPENDIX OF EVIDENCE

Witnesses Examined

For PlaintiffFor Defendants

PW-1 : Kandula Bixapathi -None-

PW-2 : Kandula Ramesh

Exhibits Marked

For Plaintiff:

Ex. A1 Original Pattadar Pass Book and Title deed. Ex. A2 Original 1-B Namoona (ROR) Form dated 18-10-2019. Ex. A3 Mee seva Pahani for the year 2017, dated 18-10-2019. Ex. A4 Certified copy of Pahanies 1995-1996.

Page No. 3 of 6

OS No.84 of 2020, AJCJ, Jangaon,

dt.19-11-2021

Ex. A5 Certified copy of Pahanies 1996-1997. Ex. A6 Certified copy of Pahanies 1997-1998. Ex. A7 Certified copy of Pahanies 1999-2000. Ex. A8 Certified copy of Pahanies 2000-2001. Ex. A9 Certified copy of Pahanies 2001-2002. Ex. A10 Certified copy of Pahanies 2002-2003. Ex. A11 Certified copy of Pahanies 2003-2004. Ex. A12 Certified copy of Pahanies 2004-2005. Ex. A13 Certified copy of Pahanies 2005-2006. Ex. A14 Certified copy of Pahanies 2006-2007. Ex. A15 Certified copy of Pahanies 2008-2009.

For Defendant:

-NIL-

Sd/-

ADDL. JUNIOR CIVIL JUDGE,

JANGAON

Page No. 4 of 6

OS No.84 of 2020, AJCJ, Jangaon,

dt.19-11-2021

D E C R E E

IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL JUDGE, JANGAON

PRESENT: S RI PRITHVI RAJ D T, Addl.Junior Civil Judge, Jangaon

Friday, the 19th day of November, 2021

O.S.NO.84 OF 2020

BETWEEN:

Kandula Bixapathi, S/o.Narsaiah, Aged 48 years, Occu: Agriculture, R/o.Raghavapuram Village of Station Ghanpur Mandal of Jangaon District.

… Plaintiff. AND

1. Shivaratri Laxmaiah, S/o.Ilaiah, Aged 60 years, Occu: Agriculture,

2. Shivaratri Gattaiah, S/o.Laxmaiah, Aged 40 years, Occu: Agriculture,

3. Shivaratri Srinivas, S/o.Laxmaiah, Aged 35 years, Occu: Agriculture,

4. Shivaratri Mahesh, S/o.Laxmaiah, Aged 30 years, Occu: Agriculuture,

All are R/o.Govardhangiri (V), Raghunathpally (M), Jangaon District.

… Defendants.

CLAIM FOR:This is a suit filed u/s.26 R/w order VII Rule 1 and 2 of C.P.C filed by the plaintiff praying the Hon’ble Court to grant perpetual injunction restraining the defendants 1 to 3, their followers, legal heirs, relatives, agents, workmen, friends, yes-men and all other persons claiming through them from interfering into the peaceful possession and enjoyment of the Plaintiff over the Suit land and award costs of the suit.

Plaint presented on : 20-02-2020

Plaint registered on : 20-02-2020

CAUSE OF ACTION: Cause of action for the suit arose on 20-01-2020 at Goverdhangiri Sivaru (V) of Raghunathpalli Mandal of Jangaon District when the Defendants 1 to 3 have tried to interfere into the peaceful possession and enjoyment of the Plaintiff with an intention to dispossess the Plaintiff from the suit schedule lands.

VALUATION OF THE SUIT:

This being a suit for permanent injunction plaintiff valued the suit notionally at Rs.15,000/- on which a Court Fee of Rs.1,086/- is paid on each item U/Sec.26 (c) of APCF and SV Act.

D E C R E E:This suit is coming on this day before me for final hearing on 16-11-2021 in the presence of Sri A.Srihari, Advocate for the plaintiffand the defendants were set ex-parte and the matter having stood over for consideration till this day, the court DOTH ORDER AND DECREE as follows:

Page No. 5 of 6

OS No.84 of 2020, AJCJ, Jangaon,

dt.19-11-2021

1. That the the suit is decreed with costs granting perpetual injunction in favour of the plaintiff restraining the defendants, their men, family members, associates, workmen, servant, agents and assignees etc. from entering into or otherwise causing any interference in the peaceful possession and enjoyment of the plaintiff over the suit land.

2. That the defendant do also pay to the plaintiff a sum of Rs.1,619/- (Rupees One thousand Six hundred Nineteen only) towards costs of this suit and do bear his own costs:NIL (C.M & F.C not filed )

SUIT SCHEDULE “A, B & C” LANDS

Showing the particulars of the Suit Schedule “A, B & C” Lands are situated at Gandhiramaram Village of Narmetta Revenue Mandal of Jangaon District.

Sl.No.Survey Nos. Extent Nature of land

SUIT SCHEDULE “A’ LAND BELONGS TO PLAINTIFF NO.1

1.25/2Ac.2-17 gts., Dry land

2. 25/6 Ac.2-08 gts., Dry land

3.25/7/2 Ac.1-13 gts., Dry land -------------------- Totally to an extent of Ac.5.38 gts., -------------------- SUIT SCHEDULE “B’ LAND BELONGS TO PLAINTIFF NO.2

4.25/4/BAc.0-24 gts., Dry land

5. 27/16 Ac.1-29 gts., Dry land -------------------- Totally to an extent of Ac.2.13 gts., --------------------

PARTICULARS OF COSTS

For Plaintiff: For Defendant: Rs. Ps.Rs. Ps. Plaint Fee1,086-00 Ex-parte Stamp on Vakalath2-00– Advocate fees N.C–

Process fees 160-00– Stamps on Exhibits 71-00 Commissioner’s fee -- Miscellaneous 300-00 Publication charges -- Total 1,619-00NIL

Sd/-

Addl. Junior Civil Judge, Jangaon,

Page No. 6 of 6

TSJN020023142021

Presented on : 10-11-2021 Registered on : 29-11-2021 Decided on : 19-05-2022 Duration : 0 years, 6 months, 9 days

IN THE COURT OF PRL.JUNIOR CIVIL JUDGE, JANGAON

(PRESIDED OVER BY SRI. PRITHVI RAJ D.T)

PRC/50/2021

State Of Telangana Through Police Station Officer Jangaon P.S 301, Jangaon Police Station Jangaon Townl, Jangaon District

VERSUS

Dharavath Ramesh, Age: 20 Diesel Colony,kazipet,Telangana ----------------------------------------------------------------------------- APP for State }: , Advocate for appearing for Dharavath Ramesh Advocate appearing for , respectively. -----------------------------------------------------------------------------

Offence punishable under : 290,307 of INDIAN PENAL CODE,

ORDER

Business: Accused is present. Sureties are also present. Committal Order (pronounced vide separately) in the open Court. Heard and perused record. Prima-facie the record reveals that the accused have committed an offence punishable u/sec. 290 and 307 of IPC. The offence under Sec. 307 of IPC is exclusively triable by the Court of Sessions. Hence, the case against accused is committed to the Hon’ble Court of Sessions u/s. 209(a) CrPC. As the accused is on bail and he is permitted to remain on bail during and until the conclusion of trial in the Court of Sessions U/Sec. 209

(b) CrPC. Submit the entire records, together with the case property if any, to the Court of Sessions U/Sec.209(c) CrPC. Notify the Public Prosecutor about the commitment of the case to Sessions Court U/Sec. 209(d) CrPC. through APP. Accused is directed to appear before the Hon\''ble Sessions Court after receipt of summons. The accused is also informed that in case of his failure to appear before the concerned court on the date given, NBW will be issued against him. Nature of Disposal: COMMITTED TO SESSIONS

Date : 19-05-2022Sd/-

Prl.Junior Civil Judge, Jangaon

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TSJN020008292023

Presented on : 10-04-2023 Registered on : 27-04-2023 Decided on : 02-05-2023 Duration : 0 years, 0 months, 22 days

IN THE COURT OF PRL.JUNIOR CIVIL JUDGE, JANGAON

(PRESIDED OVER BY SRI.PRITHVI RAJ D.T)

PRC/16/2023

STATE OF TELANGANA

Through Police Station Officer Jangaon P.S 67, Jangaon ACP,Jangaon Igp, Warangal Region Warangal

VERSUS

1. Kannappa Kurakula, Age: 32, Marigadi,Jangoan,Telangana 2:kalyani kurakula age: 26, marigadi, jangoan Telangan -----------------------------------------------------------------------------

Offence punishable under : 302,109 of INDIAN PENAL CODE,

ORDER

Business: Accused no. 1 and 2 are produced from concerned Jail. Concerned police present. Committal Order (Pronounced vide separate order) in the open Court. Heard and perused record. Prima facie the record reveals that the accused has committed an offences punishable u/s 302 read with 109 of IPC. The offence u/s 302 read with 109 of IPC is exclusively triable by court of sessions. Hence, the case against accused is committed to the Hon\''ble Court of Sessions U/s 209(a) Cr.P.C. As the accused is in Jail, his remand was extended till 02.05.2023 U/s 209 (b) Cr.P.C. Submit the entire records, together with the case property if any, to the Court of Sessions U/s 209(c)

Cr.P.C. The case property, which is in safe custody of concerned police, shall be submitted in due course whenever called for by Public Prosecutor is notified about the committal of the case to Sessions Court U/s 209(d) Cr.P.C. As the accused no.1 and 2 are in jail. The superintendent of concerned Jail, is directed to produce the accused before the Honble Sessions Court, Jangaon on 16.05.2023 for further proceedings. Remand extended till then. Nature of Disposal: COMMITTED TO SESSIONS

Date : 02-05-2023 Sd/-

Prl.Junior Civil Judge, Jangaon

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