Smt. S.N. Sridevi

1

IN THE COURT OF THE SENIOR CIVIL JUDGE AT JANGAON,

JANGAON DISTRICT.

PRESENT : SMT.S.N. SREE DEVI,

SENIOR CIVIL JUDGE,

JANGAON.

Tuesday, this the 12 th day of September, 2017.

L.A.O.P.No. 9 OF 2009

Between:

1.Rondla Joga Reddy (died per L.Rs. Claimants 30 to 32)

2.Rondla Yadagiri Reddy (died per L.Rs. Claimants 33 and 34)

3.Rondla Dharma Reddy (died per L.Rs. Claimants 35 to 37)

4.Rondla Laxma Reddy (died per L.Rs. Claimants 38 to 40)

5.Rondla Mukunda Reddy

6.Chencharapu Anantha Reddy (died per L.Rs. Claimants 41 to 46), S/o. Papi Reddy

7.Gosugonda Uppalaiah, S/o. Venkata Narsaiah (Claim Petitioners 1 to 7 were Pattedars of acquired land in Sy.No. 28)

8.Chencharapu Anantha Reddy, S/o. Veera Reddy

9.Chencharapu Mahender Reddy

10.Chencharapu Prathap Reddy

11.Chencharapu Anantha Reddy (died per L.Rs. Claimants 41 to 46), S/o. Papi Reddy

12.Rondla Yadagiri Reddy (died per L.Rs. Claimants 33 and 34)

13.Rondla Mohan Reddy

14.Gosugonda Uppalaiah, S/o. Venkata Narsaiah (Claim Petitioners 8 to 14 were Occupants of acquired land in Sy.No.28)

15.Arutla Venkata Narsimha Reddy (died per L.Rs.Claimants 47 to 50)

16.Arutla Laxma Reddy (Claim Petitioners 15 and 16 were Pattedars of acquired land in Sy.No.29)

17.Arutla Laxma Reddy

18.Arutla Anantha Reddy

19.Arutla Venkata Reddy (Claim Petitioners 17 to 19 were Occupants of acquired land in Sy.No.29)

20.Rondla Joga Reddy (died per L.Rs.)

21.Rondla Yadagiri Reddy (died per L.Rs.)

22.Rondla Dharma Reddy (died per L.Rs.)

23.Rondla Laxma Reddy (died per L.Rs.)

24.Rondla Mukunda Reddy 2

25.Rondla Gopal Reddy, S/o. Yadagiri Reddy

26.Rondla Upender Reddy, S/o. Yadagiri Reddy

27.Rondla Linga Reddy, S/o. Yadagiri Reddy

28.Rondla Narsi Reddy

29.Rondla Keshava Reddy (Claim Petitioners 20 to 29 were Pattedars and Occupants of acquired land in Sy.No.31)

30.Rondla Malla Reddy

31.Rondla Laxmi

32.Rondla Sugunamma

33.Rondla Chitramma

34.Rondla Umarani

35.Rondla Yashoda

36.Rondla Yadava Reddy

37.Rondla Bhaskar Reddy

38.Rondla Mahender Reddy

39.Rondla Padma

40.Rondla Padma

41.Chencharapu Kousalya

42.Chencharapu Padma

43.Chencharapu Raja Linga Reddy

44.Chencharapu Karunakar Reddy

45.Chencharapu Jaya Bharath Reddy

46.Smt.Ravi Kavitha

47.Arutla Laxmi

48.Arutla Dashamantha Reddy

49.Arutla Ramnarsimha Reddy

50.Arutla Padma .. Claim Petitioners.

And

The Special Deputy Collector, Land Acquisition, JCR-GLIP, Jangaon Headquarters, Hanamkonda.

… Respondent.

This Petition is coming before me for hearing on 20-07-2017 in the presence of Sri K.Ravinder Reddy, Advocate for the Claim Petitioners 16 to 19, and of Sri C.Sudhiranjan, Advocate for the Claim Petitioners 26 and 27, and of Sri M.Vamshi Krishna, Advocate for the Claim Petitioner No. 30 and of Sri M.Jan Reddy, Assistant Government Pleader for the Respondent; upon perusing the material papers on record; upon hearing the arguments and the matter having been stood over for consideration till this day, this Court delivered the following:- 3

-: O R D E R :-

This reference made under Section 30 read with 31(2) of Land

Acquisition Act, 1984 by the Land Acquisition Officer and Special Deputy

Collector, Land Acquisition, Jangaon Head Quarters at Hanamkonda.

2.The case facts in brief are as follows:

The Land Acquisition Officer-cum-Special Deputy Collector acquired a total extent of Ac.9-08 gts., in Sy.Nos. 28, 29 and 31 of

Jangaon, towards construction of Data Base Centre and Staff Quarters in the limits of Jangaon Village and Mandal, Warangal District after conducting award enquiry on 17-10-2008, 18-10-2008 and 22-11-2008.

During the Award enquiry, the land loosers/interested persons viz.,

Rondla Upender Reddy, Rondla Linga Reddy, Rondla Bhaskar Reddy,

Rondla Bhagavan Reddy, Rondla Lakshma Reddy and Rondla Venkat

Reddy have attended enquiry on 17-10-2008 and on 22-11-2008 at

Tahsildar's Office, Jangaon, and demanded land compensation on yard basis @ Rs.700/- per square yard, but not produced their title. As such, the Land Acquisition Officer is unable to decide the title over the acquired lands and therefore, the awarded compensation amount of

Rs.13,45,960/- is deposited before the Court and referred the case for deciding the title dispute and for apportionment of the compensation amount.

3.The claim statements are submitted by Claimants 16 to 19,

Claimants 26 and 27 and Claimant No. 30 only. The other Claimants did not file their claim statements.

4.It is the claim statement of Claimants 26 and 27 i.e. Rondla

Upender Reddy and Rondla Linga Reddy that they are the absolute owners and exclusive possessors of the land admeasuring Ac.0-29 ¼ 4 gts., in Sy.No. 31/A and Ac.3-20 ½ gts., in Sy.No. 28 each totaling to an extent of Ac.8-19 ½ gts., situated abutting to the western side of PWD

Road leading from Jangaon to Karimnagar via Narmetta. The said land is acquired by the Claimants 26 and 27 from their ancestors during partition in their families and they have been in exclusive and continuous possession over the said lands till the date of acquisition.

That they are also issued pattedar pass books and title deeds and their names are also entered in the pahanies as owners and possessors.

It is further submitted by the Claimants 26 and 27 that the

Government has acquired the land in Sy.Nos. 28, 29 and 31 to an extent of Ac.9-08 gts., for the purpose of construction of Data Base Centre and

Staff Quarters at Jangaon Town. The Claimant No. 26 is holding an extent of Ac.3-20 gts., in Sy.No. 28 and Ac.0-29 ½ gts., in Sy.No. 31/A, out of which an extent of Ac.2-02½ gts., in Sy.No. 28 and Ac.0-29½ gts., in Sy.No. 31/A, totaling to an extent of Ac.2-31 ¾ gts., likewise, the

Claimant No. 27 is also holding an extent of Ac.3-20 gts., in Sy.No. 28 and Ac.0-29 ½ gts., in Sy.No. 31/A, out of which an extent of Ac.2-02 ½ gts., in Sy.No. 28 and Ac.0-16 gts., in Sy.No. 31/A totaling to Ac.2-18 ½ gts., situated at Jangaon was acquired by the Government for the purpose of establishing 'Data Base Centre” and “Staff Quarters”.

Though the Claimants submitted all the relevant documents to substantiate their title over the acquired land, the Land Acquisition

Officer failed to consider the same and referred the matter under

Section 30 and 31(2) of the Land Acquisition Act, for adjudication of title among the claimants and rival claimants even though there are no rival claimants. Hence, the Claimants pray that the title be decided in their favour and order for the payment of compensation to them for the lands acquired.

5

5.Claim Statement of the Claimants 16 to 19 is that the Claimants 16 to 19 are the absolute owners and possessors of the agricultural land of an extent of Ac.16-28 gts., in Sy.No. 29 of Jangaon Town. The said property is their ancestral property, which is nominally standing in the name of Late Arutla Venkata Narsimha Reddy, in the revenue records, who died long back. The Claimants 16 to 19 and other joint family members amicably partitioned the entire joint family properties through a compromise decree in Appeal No. 2056/1999 dated 26-04-2002 on the file of Hon'ble High Court and as per the partition, an extent of Ac.16-28 gts., in Sy.No. 29 fell to the share of Claimants 16 to 19 and since then they are enjoying the said land as its absolute owners and possessors.

It is further submitted that all the joint family properties are partitioned with metes and bounds and their respective names are also mutated in the revenue records and the Claimants 16 to 19 have also obtained the Pattadar Pass Books and Title Deeds for their respective shares. The Claimants 16 to 19 are entitled to 1/3 rd share each in the compensation awarded for their acquired land of an extent of Ac.2-24 gts., out of total extent of Ac.16-28 gts., in Sy.No. 29. The Claimants also submitted an application before the Land Acquisition Officer claiming for the acquired land is situated in Jangaon Town Municipality abutting to the 100 feet road leading from Jangaon to Husnabad and that it is a valuable land fetching more money and the present value of the land is Rs.1,200/- per square yard and that in the award passed is arbitrary and without proper enquiry. However, the Claimants 16 to 19 reserve their right to file application under Section 18 of Land

Acquisition Act for enhancement of compensation for their acquired land, they are entitled to receive the compensation amount deposited in the Court under protest and the Claimants 16 to 19 be declared as the owners and possessors of the said Ac.2-24 gts., of land in Sy.No.29.

6

6.Claimant No. 30 filed his claim statement submitting that he along with his father Late Joga Reddy are the coparceners and the land admeasuring Ac.1-00 covered by Sy.No. 31 is the ancestral joint family property that fell to the share of Claimant No. 30 in the partition vide

O.S.No. 12/2000 on the file of the Senior Civil Judge's Court, Jangaon

and as per the share allotted to him, the name of Claimant No. 30 is also mutated in the revenue record and he is issued with R.O.R. Title deed and Pattedar Pass Book by giving Sub-Division Number as 31/A. The

Government of Andhra Pradesh has acquired an extent of Ac.2-19 gts., out of Sy.No. 31 of Jangaon for construction of Data Base Centre and

Staff Quarters under J.Chokka Rao Godavari Lift Irrigation Project and from out of acquired land of Ac.2-19 gts., an extent of Ac.1-00 gts., belongs to the Claimant No.30 and the amount of Rs.1,46,300/- from out of the deposited amount, belongs to the Claimant No. 30 and he is entitled to receive the same as compensation for the acquisition of his

Ac.1-00 gts., of land out of Sy.No. 31.

7.During trial, the Claimant No. 17 got himself examined as PW-1 and got marked Exs.A-1 to A-16. The Claimant No.30 got himself examined as PW-3 and got marked Exs.A-17 to A-21. The Claimant

No.27 got himself examined as PW-4 and got marked Exs.A-22 to A-40.

The evidence of PW-2 is eschewed. In rebuttal, there is no evidence adduced by the Land Acquisition Officer, Jangaon.

8.Heard both sides. Perused the record.

9.The points for determination are:

1. “Whether the claimants 16 to 19 (Claimant No.16 is repeated twice in the reference) are entitled to receive the compensation in respect of the acquired land of Ac.2-24

gts., in Sy.No. 29, as owners of the acquired land?

7

2. Whether the Claimants 26, 27 and 30 are entitled to receive the compensation in respect of the acquired land of Ac.4-05 gts., in Sy.No. 28 and Ac.2-19 gts., in Sy.No. 31/A, as owners of the acquired land?”

10.POINT NO.1 :- It is thecontention of the Claimants 16 to 19 and also the evidence of Claimant No.17 as PW-1, that they being the brothers they are the absolute owners and possessors of agricultural land of an extent of Ac.16-28 gts., in Sy.No.29 of Jangaon Town by virtue of its acquisition from their ancestors. The Sy.No. 29 is their ancestral property nominally standing in the name of late Arutla Venkata

Narsimha Reddy. Later in the partition of family properties through a compromise decree dated 26-04-2002, the said extent of Ac.16-28 gts., fell to their share. That they are enjoying their respective shares since then after having got mutated their names in the revenue records and they have also obtained pattedar pass books. Therefore, they are entitled to receive the compensation in respect of Ac.2-24 gts., which is acquired by the Land Acquisition Officer, JCRGLIP.

All the said claim is very well supported by the pahanies marked

Exs.A-5 to A-15 and the pattedar pass books of the claimants marked

Exs.A-1 to A-3. Even the certified copy of Amendment Register marked

Ex.A-16 transpires about the fact of partition and acquisition of Ac.16-28 gts., by these claimants. There are no rival claims to the claim of these petitioners (Claimants 16 to 19). Though the Claimant No.17(PW-1) is cross-examined by Claimant No.30 and Claimants 26 and 27, it is only got elicited that they have no claim over the lands in Sy.No.28 and

Sy.No. 31, which are the other lands acquired by the Land Acquisition

Officer along with the lands of Claimants 16 to 19.

Under the said circumstances, this Court has no hesitation to hold that the Claimants 16 to 19 ((Name of Claimant No.16 repeated twice in the reference) are together entitled to receive the compensation in 8 respect of their acquired land of Ac.2-24 gts., in Sy.No. 29. Point is answered accordingly in favour of the Claimants 16 to 19.

11.POINT NO. 2:It is the contention of the Claimants 26 and 27 and also the evidence of PW-4 (Claimant No.27) that Claimants 26 and 27 (Rondla Upender Reddy and Rondla Linga Reddy) are the absolute owners and exclusive possessors of the land admeasuring Ac.0-29 ¼ gts., in Sy.No. 31/A and Ac.3-20 ½ gts., in Sy.No. 28 each totaling to an extent of Ac. 8-19 ½ gts., situated abutting to the western side of PWD

Road leading from Jangaon to Karimnagar via Narmetta. The said land is acquired by the Claimants 26 and 27 from their ancestors during partition in their families and they have been in exclusive and continuous possession over the said lands till the date of acquisition.

That they are also issued pattedar pass books and title deeds and their names are also entered in the pahanies as owners and possessors.

It is further contended by the Claimants 26 and 27 that the

Government has acquired the land in Sy.Nos. 28, 29 and 31 to an extent of Ac.9-08 gts., for the purpose of construction of Data Base Centre and

Staff Quarters at Jangaon Town. The Claimant No. 26 is holding an extent of Ac.3-20 gts., in Sy.No. 28 and Ac.0-29 ½ gts., in Sy.No. 31/A, out of which an extent of Ac.2-02½ gts., in Sy.No. 28 and Ac.0-29½ gts., in Sy.No. 31/A, totaling to an extent of Ac.2-31 ¾ gts., likewise, the

Claimant No. 27 is also holding an extent of Ac.3-20 gts., in Sy.No. 28 and Ac.0-29 ½ gts., in Sy.No. 31/A, out of which an extent of Ac.2-02 ½ gts., in Sy.No. 28 and Ac.0-16 gts., in Sy.No. 31/A totaling to Ac.2-18 ½ gts., situated at Jangaon was acquired by the Government for the purpose of establishing 'Data Base Centre” and “Staff Quarters”.

Though the Claimants submitted all the relevant documents to substantiate their title over the acquired land, the Land Acquisition 9 Officer failed to consider the same and referred the matter under

Section 30 and 31(2) of the Land Acquisition Act, for adjudication of title among the claimants and rival claimants even though there are no rival claimants. Hence, the Claimants pray that the title be decided in their favour and order for the payment of compensation to them for the lands acquired.

All the said claim is very well supported by the pahanies marked

Exs.A-26 to Ex.A-39 as well as their R.O.R. Pattedar Pass Books and Title

Deeds marked Exs.A-22 to A-25. There are no rival claims to the said claim of the claim petitioners 26 and 27 in respect of their acquired land of Ac.4-05 gts., in Sy.No. 28 and as such the claimants 26 and 27 alone are entitled for compensation.

Coming to the lands acquired in Sy.No. 31/A, the Claimants 26 and 27 claiming the land of Ac.0-29 ¼ gts. each in Sy.No.31/A and though they contend that the total land in Sy.No. 31/A is Ac.17-01 gts., which is abutting the PWD Road leading from Jangaon to Wadlakonda and out of the said extent, an extent of Ac.8-15 gts., is situated on the eastern side of the said PWD Road and an extent of Ac.8-36 gts., is situated on the western side of the said PWD Road. The said contention remains undisputed by Claimant No.30, who claims for compensation in respect of Ac.1-00 gts., in Sy.No. 31/A.

But it is the only contention of these claim petitioners (Claimants 26 and 27) that Claimant No.30 has got no land at all in the acquired extent and hence he (Claimant No.30) is not entitled to claim any amount from the compensation. The said contention of Claimants 26 and 27 is of no consequence as there is no such averment in their claim statement. It is also not the case of Claimants 26 and 27 that they are entitled to the compensation payable towards acquisition of Ac.1-00 gts., of land in Sy.No. 31/A. On the other hand, it is the own admission of 10 Claimant No. 27 (PW-4) in his cross-examination that he and his brother (Claimant No.26) are not concerned with the land of Claimant No. 30.

Admittedly, the ancestors of Claimants 26 and 27 and the ancestors of

Claimant No. 30 hold land of 8 acres and odd guntas each on western and eastern side of PWD Road respectively. Moreover, the Claimant No.

30 gave evidence as PW-3 and got marked Ex.A-17, the preliminary decree passed in his favour in O.S.No. 12/2000 allotting Ac.1-00 gts., in

Sy.No. 31/A, his pattedar pass book and title deed as Exs.A-18 and A-19 showing that he holds Ac.1-00 gts., of land in Sy.No. 31/A. The said documents are not disputed by Claimants 26 and 27. Under the said circumstances, it is clear that from out of the compensation awarded in respect of Ac.2-19 gts., in Sy.No. 31/A, the Claimant No.30 is entitled for compensation to the extent of Ac.1-00 gts., and the Claimants 26 and 27 are entitled for compensation to the extent of Ac.1-19 gts., in Sy.No.

31/A. The Point is answered accordingly.

12.In the result, the reference is answered as below:

i) The claim of the Claimants 16 to 19 is allowed holding that the Claimants 16 to 19 are the owners in respect of the land of Ac.2-24 gts., of Sy.No. 29, acquired and they are entitled to receive the compensation amount of Rs.3,80,380/- with accrued interest.

ii)The claim of the Claimants 26 and 27 is allowed holding that they are the owners in respect of their acquired land of Ac.4-05 gts., in

Sy.No. 28 and they are entitled to receive compensation amount of

Rs.5,91,237/- with accrued interest.

iii) Further, the Claimants 26 and 27 being the owners in respect of acquired land of Ac.1-19 gts., in Sy.No.31 and they are entitled to receive compensation amount of Rs.2,15,793/- with accrued interest.

11 iv)The claim of the Claimant No.30 is allowed holding that he is the owner in respect of the acquired land of Ac.1-00 gts., in Sy.No. 31 and he is entitled to receive the compensation amount of Rs.1,46,300/- with accrued interest.

(Dictated to the Stenographer Grade-III, transcribed by her, corrected and pronounced by me in Open Court on this the 12th day of September, 2017.)

Sd./-

SENIOR CIVIL JUDGE,

JANGAON.

:: APPENDIX OF EVIDENCE ::

WITNESSES EXAMINED

For Claim Petitioners:

PW.1 : Arutla Anantha Reddy (Clainant No.17) PW.2 : Rondla Linga Reddy (Claimant No.27) Eschewed PW.3 : Rondla Malla Reddy (Claimant No.30) PW.4 : Rondla Linga Reddy (Claimant No.27)

For Respondent:

- None -

EXHIBITS MARKED

For Claim Petitioner No.17:

Ex.A-1 :Certified copy of Pattedar Pass Book issued to Arutla Laxma Reddy Ex.A-2 :Certified copy of R.O.R. Title Deed issued to Arutla Laxma Reddy Ex.A-3 :Certified copy of the Pattedar Pass Book of Arutla Venkat Reddy Ex.A-4 :Certified copy of Letter dated 31-12-2012 issued by Andhra Bank, Jangaon to Arutla Anantha Reddy. Ex.A-5 :Certified copy of the Pahani for the year 1998-1999 Ex.A-6 :Certified copy of the Pahani for the year 1999-2000 Ex.A-7 :Certified copy of the Pahani for the year 2000-2001 Ex.A-8 :Certified copy of the Pahani for the year 2001-2002 Ex.A-9 :Certified copy of the Pahani for the year 2002-2003 Ex.A-10:Certified copy of the Pahani for the year 2003-2004 Ex.A-11:Certified copy of the Pahani for the year 2004-2005 Ex.A-12:Certified copy of the Pahani for the year 2005-2006 Ex.A-13:Certified copy of the Pahani for the year 2006-2007 Ex.A-14:Certified copy of the Pahani for the year 2007-2008 Ex.A-15 :Certified copy of Computerized Pahani for the year 2009- 2010 Ex.A-16:Certified copy of Form-7 Amendment Register 12 For Claim Petitioner No.30:

Ex.A-17:Certified copy of Preliminary Decree in O.S.No. 12/2000

dated 01-11-2000

Ex.A-18 :Original Pattedar Pass Book issued to Claim Petitioner No.30 Ex.A-19 :Original Title Deed issued to Claim Petitioner No.30 Ex.A-20 : Certified copy of the registered sale deed vide document No. 4473/2008 dated 30-07-2008 Ex.A-21 :Certified copy of the registered Agreement of Sale-cum- General Power of Attorney vide document No. 5234/2007

dated 16-10-2007.

For Claim Petitioners 26 and 27:

Ex.A-22:Original R.O.R. Title Deed of Claimant No.27 Ex.A-23:Original R.O.R. Pattedar Pass Book of Claimant No.27 Ex.A-24:Original R.O.R. Title Deed of Claimant No.26 Ex.A-25:Original R.O.R. Pattedar Pass Book of Claimant No.26 Ex.A-26:Certified copy of the Pahani for the year 1990-1991 in respect of Sy.No. 31/A Ex.A-27:Certified copy of the Pahani for the year 1992-1993 in respect of Sy.No. 31/A Ex.A-28:Certified copy of the Pahani for the year 1993-1994 in respect of Sy.No. 31/A Ex.A-29:Certified copy of the Pahani for the year 1995-1996 in respect of Sy.No. 31/A Ex.A-30:Certified copy of the Pahani for the year 2000-2001 in respect of Sy.No. 31/A Ex.A-31:Certified copy of the Pahani for the year 2000-2001 in respect of Sy.No. 31/A Ex.A-32:Certified copy of the Pahani for the year 2001-2002 in respect of Sy.No. 31/A Ex.A-33:Certified copy of the Pahani for the year 2002-2003 in respect of Sy.No. 31/A Ex.A-34:Certified copy of the Pahani for the year 2005-2006 in respect of Sy.No. 31/A Ex.A-35:Certified copy of the Pahani for the year 1991-1992 in respect of Sy.No. 28 Ex.A-36:Certified copy of the Pahani for the year 1992-1993 in respect of Sy.No. 28 Ex.A-37:Certified copy of the Pahani for the year 2006-2007 in respect of Sy.No. 28 Ex.A-38:Certified copy of the Pahani for the year 2007-2008 in respect of Sy.No. 28 Ex.A-39:Certified copy of the Pahani for the year 2008-2009 in respect of Sy.No. 28 Ex.A-40:Certified copy of registered sale deed vide document No. 5527/2008 dated 06-10-2008.

For Respondent:

- Nil - // TRUE COPY // Sd./-

SENIOR CIVIL JUDGE,

JANGAON.

1 of 6O.P.No.16/2016

IN THE COURT OF THE SENIOR CIVIL JUDGE AT JANGAON,

WARANGAL DISTRICT.

Present:- SMT. S.N.SREE DEVI,

SENIOR CIVIL JUDGE,

JANGAON.

Wednesday, the 13th day of September, 2017.

O. P. No. 16 of 2016

Between:

Gandala Bixapathi ….Petitioner

and

Gandala Bhavani @ Vijaya .…Respondent

This petition is coming before me on 12.09.2017 for final hearing in the presence of Sri K.Srinivas Reddy, Advocate for the Petitioner-husband and of Sri N.Siddulu, Advocate for the Respondent-wife; upon perusing the material papers available on record, upon hearing the arguments and the matter having stood over for consideration till this day, this Court delivered the following:

: : O R D E R : :

Petition filed under Section 13(1)(ia) of Hindu Marriage

Act, 1955.

1.The contents of the petition in brief, are as follows:

It is submitted by the petitioner that the respondent is his legally wedded wife and their marriage was solemnized as per Hindu rites and customs on 25-11-2007 at Marri Mustyala Village, Cherial Revenue

Mandal. Their marriage was consummated. Out of their wed-lock they are blessed with a female child, who died after 10 months after the birth due to ill-health. The petitioner and the respondent led conjugal life amicably for about six months and even during her stay with the petitioner, the respondent did not attend to any domestic work and did not perform her legal duties as a wife and thereafter, the respondent conceived. On information her parents came and took the respondent 2 of 6O.P.No.16/2016 to their house where she got aborted her pregnancy. Thereafter, the petitioner and his parents approached the village elders for resolution of their disputes and at that time, the elders admonished the respondent and advised her to live amicably with the petitioner.

Accordingly, the respondent joined the conjugal society of the petitioner, stayed with him for two to three months and even during her stay with him, the respondent used to pick up disputes with his family members frequently by even abusing them and disrespect them. The respondent threatened of committing suicide in case if he does not agree for divorce.

Further it is submitted that the respondent conceived again and at that time when she was carrying 8 months pregnancy, she left to her parents' house without informing the petitioner, where she delivered a female baby. The petitioner was not informed about the birth of the child. Even after the delivery, the respondent did not show any signs of joining the company of the petitioner and instead she started filing false criminal cases against him and his family members.

Again on 18-06-2010 there was a panchayath held before the elders and on the advise of the elders, the petitioner took the respondent and the newly born child to his house. The petitioner did not find any change in the attitude of the respondent and in the meanwhile, the child was suffering with some health problem, due to which the child was admitted in Nilopher Hospital, Hyderabad and due to negligence towards the child for want of proper care, after ten months the child died. Since 03-10-2012, the respondent has been staying at her parents' house and has no interest in joining the company of the petitioner. Several attempts were made by the petitioner to bring the respondent into his conjugal society but each time he has subjected to insult and the respondent bluntly refused to join him and thereafter, 3 of 6O.P.No.16/2016 filed false criminal complaint against him. Having waited for a period of three years apart from roaming around Courts facing criminal cases and Maintenance Case, the petitioner suffered untold misery and agony and having lost all hopes of fetching back the respondent into his conjugal society, the petitioner is constrained to file the present petition seeking for divorce.

2.Counter is filed by the respondent admitting the marriage, the birth of female child, who subsequently died and denying the rest of the contents of the petition. It is further submitted by the respondent that the petitioner used to always suspect her fidelity and he harassed her mentally and physically. However, the respondent is still to join the conjugal society of the petitioner if in case the petitioner changes his behaviour and attitude. Hence the petition be dismissed.

3.During enquiry, the petitioner Gandala Bixapathi got himself examined as PW-1 and got marked Exs.A-1 to A-6. On the other hand, the respondent Gandala Bhavani @ Vijaya got herself examined as RW-1. No documents marked on her behalf.

4.Heard arguments on both sides. Perused the case record.

5.Point for consideration is:

Whether the petitioner is entitled for grant of divorce as

prayed?

6.P O I N T:

It is the contention of the petitioner and also his evidence as PW- 1 that the respondent is his legally wedded wife and their marriage was solemnized as per Hindu rites and customs on 25-11-2007 at Marri

Mustyala Village, Cherial Mandal. Their marriage was consummated.

Out of their wed-lock they are blessed with a female child, who died after 10 months after the birth due to ill-health. PW-1 and the 4 of 6O.P.No.16/2016 respondent led conjugal life amicably for about six months and even during her stay with him, the respondent did not attend to any domestic work and did not perform her legal duties as a wife and thereafter, the respondent conceived. On information her parents came and took the respondent to their house where she got aborted her pregnancy. Thereafter, PW-1 and his parents approached the village elders for resolution of their disputes and at that time, the elders admonished the respondent and advised her to live amicably with PW-1. Accordingly, the respondent joined the conjugal society of

PW-1, stayed with him for two to three months and even during her stay with him, the respondent used to pick up disputes with his family members frequently by even abusing them and disrespect them. The respondent threatened of committing suicide in case if he does not agree for divorce.

PW-1 further contended that the respondent conceived again and at that time when she was carrying 8 months pregnancy, she left to her parents house without informing the petitioner, where she delivered a female baby. PW-1 was not informed about the birth of the child. Even after the delivery, the respondent did not show any signs of joining the company of PW-1 and instead she started filing false criminal cases against him and his family members. Again on 18-06- 2010 there was a panchayath held before the elders and on the advise of the elders, PW-1 took the respondent and the newly born child to his house. He did not find any change in the attitude of the respondent and in the meanwhile, the child was suffering with some health problem, due to which the child was admitted in Nilopher Hospital,

Hyderabad and due to negligence towards the child for want of proper care, after ten months the child died. Since 03-10-2012, the respondent has been staying at her parents' house and has no interest 5 of 6O.P.No.16/2016 in joining the company of the petitioner. Several attempts were made by PW-1 to bring the respondent into his conjugal society but each time he has subjected to insult and the respondent bluntly refused to join him and thereafter, filed false criminal complaint against him. Having waited for a period of three years apart from roaming around Courts facing criminal cases and Maintenance Case, he suffered untold misery and agony and having lost all hopes of fetching back the respondent into his conjugal society, he sought for divorce.

On the other hand, though the respondent contends in her counter denying all the said case of the petitioner, the respondent did not choose to cross-examine the petitioner on all the allegations made against him except for having got elicited that after filing of this petition all the issues in between her and the petitioner were settled out of Court and by virtue of settlement, an amount of Rs.6,20,000/- is paid towards her permanent alimony and that she has no objection for grant of divorce. Further, the respondent (RW-1) has also admitted in her cross-examination that by virtue of the settlement, she is withdrawing all the criminal cases and the Maintenance Case filed against the petitioner.

From both the said contentions, it is clear that the parties have decided to obtain divorce without barging on their respective allegations and counter allegations. In view of the respondent (RW-1) voluntarily expressing no objection for grant of divorce and as the petitioner has also sought for divorce in the present petition, it appears that on account of the bitterness between the parties, the marriage is beyond repair and it only shows that there is breakdown of marriage necessitating severance of the marital tie. The emotional substratum in the marriage appears to have completely disappeared and not granting divorce would only result in perpetual bitterness and nothing 6 of 6O.P.No.16/2016 is gained in trying to keep the parties tied forever to a marriage that in fact appears to have ceased to exist. Therefore the petitioner is entitled for divorce as prayed. Point is answered in favour of the petitioner.

7.IN THE RESULT, the petition is allowed granting an order of divorce and the marriage of the petitioner with the respondent stands dissolved from the date of this order. Supply copy of the Order to both parties.

(Dictated to the Stenographer Grade-III, transcribed by her, corrected and pronounced by me in Open Court, on this the 13th day of September, 2017.)

Sd./-

SENIOR CIVIL JUDGE,

JANGAON.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Petitioner:For Respondent:

PW.1: Gandala BixapathiRW-1: Gandala Bhavani @ Vijaya

EXHIBITS MARKED

For Petitioner:

Ex.A-1: Original Wedding Card Ex.A-2: Marriage Photo Ex.A-3: Medical Bill dated 01-10-2012 Ex.A-4: Certified copy of First Information Report with Complaint

dated 02-07-2013 in Crime No. 158/2013 of P.S.Cherial.

Ex.A-5:Certified copy of Charge Sheet dated 10-11-2013, in Crime No. 158/2013 of P.S.Cherial.

Ex.A-6:Certified copy of Statement of LW-1 dated 02-07-2013 in Crime No. 158/2013 of P.S.Cherial.

For Respondent:

- Nil -Sd./-

SENIOR CIVIL JUDGE,

// TRUE COPY // JANGAON.

TSJN010001442017

Presented on : 21-03-2017 Registered on : 12-09-2017 Decided on : 12-09-2017 Duration : 0 years, 5 months, 22 days

IN THE COURT OF

Senior Civil Judge -cum- Assistant Sessions Judge, Jangaon AT

JANAGAON ,WARANGAL

Presided Over by Smt S.N. Sridevi

EP/14/2017

Exhibit No.:

Kapil Chit funds Pvt. Ltd, jangaon Age: 1 Occupation : Address: Jangaon VERSUS 1:K Raju Age: 29 Occupation : Address: Plot No 105, Bhatnagar Siddipet.

2:N Sathya Reddy Age: 56 Occupation : 17-154 Srinagar Colony Siddipet 3:S Bhupathi Reddy Age: 0 Occupation : 19-27/2 Siddipet 4:K Balakishan Age: 0 Occupation : Plot No 105 Bharatnagar Siddipe ----------------------------------------------------------------------------------------- Advocate for : Advocate for : appearing for K Raju: Advocate appearing for 2, 3,4 respectively.

ORDER

Business: Issue precept. EP is closed Nature of Disposal: CLOSED

Sd/-x

Date : 12-09-2017 (Smt S.N. Sridevi)

Senior Civil Judge -cum- Assistant Sessions Judge,

Jangaon

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TSJN010001302016

Presented on : 14-06-2016 Registered on : 14-06-2016 Decided on : 12-09-2017 Duration : 1 years, 2 months, 28 days

IN THE COURT OF

Senior Civil Judge -cum- Assistant Sessions Judge, Jangaon AT

JANAGAON ,WARANGAL

Presided Over by Smt S.N. Sridevi

H.M.O.P/31/2016

Exhibit No.:

Jampala Raju Age: 30 Occupation : Address: Khileshapur Village, Raghunathpally, Warangal

VERSUS

Jampala @ Arigala Rupa @ Sirisha Age: 0 Occupation : Address: now at H.No.42-100,Anjaiah nagar, Jagathgirigutta, Hyderabad ----------------------------------------------------------------------------------------- Advocate for : Advocate for : appearing for Jampala @ Arigala Rupa @ Sirisha: Advocate appearing for respectively.

ORDER

Business: Petitioner absent. Petitioner failed to proceed with enquiry inspi9te of conditional orders. There is no representation. Hence petition is dismissed for default. Nature of Disposal : DISMISSED FOR DEFAULT

Sd/-x

Date : 12-09-2017 (Smt S.N. Sridevi)

Senior Civil Judge -cum- Assistant Sessions Judge,

Jangaon

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TSJN010001432017

Presented on : 21-08-2017 Registered on : 12-09-2017 Decided on : 12-09-2017 Duration : 0 years, 0 months, 22 days

IN THE COURT OF

Senior Civil Judge -cum- Assistant Sessions Judge, Jangaon AT

JANAGAON ,WARANGAL

Presided Over by Smt S.N. Sridevi

EP/15/2017

Exhibit No.:

Kapil Chit Funds Pvt. Ltd Jangaon rep by its Zonal Legal Officer V Shiva Prakash Age: 34 Occupation : Address: Hanamkonda, Warangal.

VERSUS

L Santhosh Reddy and Others Age: 30 Occupation : Address: 2-15/1 Chinnakistapur, Jagdevpur, Siddipet ----------------------------------------------------------------------------------------- Advocate for : Advocate for : appearing for L Santhosh Reddy and Others: Advocate appearing for respectively.

ORDER

Business: Issue precept against JDr-1. This EP is closed Nature of Disposal: CLOSED

Date : 12-09-2017 (Smt S.N.Sridevi)

Senior Civil Judge -cum- Assistant Sessions Judge,

Jangaon

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