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IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE :: AT SIDDIPET
PRESENT: SMT. SALMA FATIMA,
Principal Junior Civil Judge,
Siddipet.
Dated this the 18th day of January, 2022
I.A.NO. 439 OF 2021
IN
O.S.NO. 205 OF 2021
BETWEEN:
Daram Narender Reddy, S/o. Late Sathi Reddy, age: 47 years, Occ: agriculture, R/o. H.No. 136, Rampally village of Kondapak Mandal, Siddipet District. …Petitioner/Plaintiff AND
1. Daram Venkatamma, W/o. Late Sathi Reddy, age: 53 years, Occ: Household, R/o. H.No. 749, Rampally village R/m. Kondapak, Siddipet District.
2. Daram Sudheer Reddy, S/o. Late Sathi Reddy, age: 30 years, Occ: private employee, Residing at 2625, Bermuda Lake drive, Apartment 201, Brandon, Florida – 33510. (Representing through his GPA holder i.e. defendant No.1 herein)
3. Mallesh Susheela, W/o. Raghava Reddy, age: 75 years, occ: Household, R/o. H.No. 498/3, Prashanth Enclave, Jeedimetla village of Quthbullapur mandal, Medchal, Malkajigiri District. (respondent No. 3 is formal party). … Respondents/Defendants.
This petition is coming on 18012022 before me for final hearing in the presence of Sri. M. Venkateshwar Rao, Learned Counsel for the Petitioner/Plaintiff and of Sri. T. Surender Reddy, Learned counsel for the respondents/defendants No.1 and 2 and the respondent/defendant No.3 set exparte and upon considering the material available on record and the matter having stood over for consideration, till this day, the Court deliver the following:
:: O R D E R ::
1. The brief averments of the petition are as follows:
The petitioner herein filed the present petition by stating that, he filed suit against the defendants for partition and separate possession in respect of suit
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2 schedule 'A' properties1 and House bearing Door No. 136 to an extent of 200 square yards and Door No. 137 to an extent of 200 square yards situated at
Rampally village of Kondapak Mandal, Siddipet District shown as petition schedule 'B' properties.
1.:: SUIT / PETITITON SCHEDULE 'A' PROPERTIES ::
1. Land bearing Survey No. 145/A/3 to an extent of Ac.025 guntas and situated at Marpadga village of Kondapak Mandal, Siddipet District with in the following boundaries;
East: Land of Chityala Mangavva, West: 20 feets Road, North: Land of Nangi Maisaiah South: Land of Bomma Ramaiah.
2. Land bearing Survey No. 148/2/1 to an extent of Ac.030 guntas, situated at Marpadaga village of Kondapak Mandal, Siddipet District with in the following boundaries;
East: 20 feets Road West: Land of Daram Yadava Reddy Road North: Land of Daram Narsimha Reddy South: Land of Daram Narsimha Reddy.
3. Land bearing Survey No. 153/A to an extent of Ac.115 guntas, situated at Marpadga village of Kondapak Mandal, Siddipet District with in the following boundaries;
East: Land of Lingala Laxma Reddy West: Land of Chukka Ailaiah North: Land of Kanuganti Narsimha Reddy and others South: Land of Daram Narsimha Reddy and others
4. Land bearing Survey No. 160/1 to an extent of Ac.008 guntas, Survey No. 161/1 to an extent of Ac.006 guntas, situated at Marpadga village of Kondapak Mandal, Siddipet District within the following boundaries;
East: Land of Udem Mangamma West: Land of Udem Ramaiah North: Land of Daram Ramchandra Reddy South: Land of Daram Ram Reddy.
5. Land bearing Survey No. 513/A to an extent of Ac. 407 guntas, Survey No. 516/A/1 to an extent of Ac.009 guntas, Survey No. 517/A to an extent of Ac.015 guntas, Survey No. 518/A to an extent of Ac.014 guntas, Survey No. 519/A to an extent of Ac.006 guntas, Survey No. 525/A to an extent of Ac.013 guntas, and Survey No. 526/A to an extent of Ac.010 guntas, situated at Marpadga village of Kondapak Mandal, Siddipet District within the following boundaries; East: Land of Daram Ram Reddy and others West: Land of Chitukula Sunitha Devi and others North: Road South: Land of Gottam Venkat Narsimha Reddy and others.
6. Land bearing Survey No. 520/A to an extent of Ac.120 guntas, Survey No. 521 to an extent of Ac.305 guntas, Survey No. 522/AA to an extent of Ac.211 guntas, Survey No. 523/AA to an extent of Ac.1 01 guntas, Survey No. 524/E to an extent of Ac.112 guntas, situated at Marpadaga village of Kondapak Mandal, Siddipet District within the following boundaries;
East: East West: Land of Daram Prathap Reddy 3
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2.Thepetitioner/plaintifffurthersubmittedthat,the respondent/defendant No.2 is his step brother and the respondent/defendant
No.1 is the wife of Sathi Reddy and the said Sathi Reddy had two wifes and he born through first wife and the respondent/defendant No. 2 born through respondent/defendant No. 1 and respondent/defendant No.3 is own sister of his father Sathi Reddy and they are the children of Daram Narayana Reddy.
3.The petitioner/plaintiff further submitted that, originally his grand father namely Daram Pedda Narayana @ Pedda Narayana Reddy was the owner and possessor of the petition schedule 'A' and 'B' properties and after his death his father and respondent/defendant No.3 is the legal heirs of his grand father and after death of his grand father the petition schedule properties were mutated in the name of his father nominally and there is no partition among the children of Daram Pedda Narayana @ Pedda Narayana
Reddy, his father died on 14082020 leaving behind the petitioner/plaintiff, respondent/defendant No.1 and 2 as his legal heirs and during the life time of his father they were in joint possession and enjoyment of the petition schedule properties and there was no partition held among them.
4.The petitioner/plaintiff further submitted that, at the time of death of his mother he was minor and the amount and gold presented by his mother's (Venkatamma) parents at the time of her marriage and from that amount his father purchased a plot at Prashanthnagar, Siddipet in his name and a house was constructed with the amount and gold of his mother and he was brought
North: 20 feet Road South: Land of Daram Prathap Reddy
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up by his maternal grand parents and they used to provide the amount as his mother was died and his father married the respondent/defendant No.1 in the year 1985.
5.Thepetitioner/plaintifffurthersubmittedthat,the respondent/defendant No. 1 never looked after him properly and she married his father with an intention to usurp the petition schedule properties and his father suffered a lot with her behavior and she never look after him as human being.
6.Thepetitioner/plaintifffurthersubmittedthat,the respondent/defendant No.1 in collusion of Sathi Reddy created a false and fabricated registered sale deed bearing document No. 6428 of 2018 in the name of respondent/defendant No.2 in respect of land bearing Survey No.
525/A to an extent of Ac.013 guntas and Survey No. 526/A to an extent of
Ac.010 guntas, Survey No. 521 to an extent of Ac.305 guntas, Survey No.
522/AA to an extent of Ac.211 guntas, Survey No. 523/AA to an extent of
Ac.101 guntas and Survey No. 524/E to an extent of Ac.112 guntas shown as part of item No. 5 and 6 of the petition schedule properties.
7.The petitioner/plaintiff further submitted that, in fact his father is not having absolute rights to transfer the petition schedule lands in the name of respondents/defendants No.1 and 2 as there is no partition among the family members took place and himself, respondents/defendants No.1 to 3 constitutes joint Hindu family and they got petition schedule properties from their ancestors. The petitioner/plaintiff further submitted that, the name of
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respondents/defendants No.1 and 2 was mutated in respect of petition schedule properties basing on the false and fabricated documents.
8.Thepetitioner/plaintifffurthersubmittedthat,the respondent/defendant No.1 made propaganda in the village that he is not having any share in the petition schedule properties and he did not want to keep his share in joint and the respondents/defendants colluded with each other and avoiding to give his share. As such, he filed the present petition.
9.The petitioner/plaintiff further submitted that, he is having the prima facie case and the balance of convenience to succeed the case and if the injunction order is not granted in his favour, the respondents/defendants No.1 and 2 may alienate the petition schedule 'A' properties in favour of third parties. Therefore, prays this court to grant the temporary injunction order against the respondents/defendants No.1 and 2 for not to alienate the petition schedule properties till disposal of the main suit. Hence, this petition.
10.On other hand the respondents/defendants No.1 and 2 filed counter by denying the petitioner averments by stating that, it is true that, the petitioner/plaintiff and respondent No. 2 are step brothers and sons of
Late D. Sathi Reddy and after the death of petitioner's mother the respondent/defendant No.1 married to D. Sathi Reddy in the year 1985 and at the time of marriage with the petitioner's father and other elders demanded the respondent/defendant No.1 had given Rs. 30,000/ (Rupees thirty thousand only) cash and 20 tulas gold as dowry and stridhan and with that amount the petitioner/plaintiff's father purchased two plots i.e. Plot
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admeasuring 202 square yards and Plot admeasuring 173 square yards at
Siddipet with dowry amount in favour of the petitioner/plaintiff.
11.The respondents/defendants further submitted that, it is true that father of the petitioner/plaintiff was the legal heir of suit schedule properties and the respondent/defendant No.3 was got married 60 years before and the respondent/defendant No.3 is no where concerned with the suit schedule properties.
12.The respondents/defendants further submitted that, the petitioner/plaintiff intentionally deliberately suppressed all real facts and made false counter blast allegations on respondents/defendants and father of the petitioner/plaintiff sold nearly 14 acres ancestral joint family property and the petitioner/plaintiff's father with that amount purchased commercial properties at Kompally, Hyderabad and Alwal in favour of the petitioner/plaintiff which is worth more than Rs. 8 cross and petitioner/plaintiff is getting monthly rental income of Rs. 1,70,000/ per month and from other properties at Alwal, Secunderabad which is worth more than 10 crores and he receives rental income monthly Rs. 1,80,000/ (Rupees one lakh and eighty thousand only).
13.The respondents/defendants further submitted that, in the year 2018 itself one panchayath conducted in the presence of elders and in that panchayath the petitioner/plaintiff personally stated that, he will take joint family properties situated at Kompally and Alwal and requested the respondents/defendants to take agricultural lands and initially the
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respondents/defendants refused to receive the petitioner/plaintiff's proposal, but respondents/defendants later admitted the same and since then the petitioner/plaintiff received the Hyderabad properties rights and the respondents/defendants cultivated the agricultural land which was kept in the name of the D. Sathi Reddy.
14.The respondents/defendants further submitted that, the petitioner/plaintiff approached this court with unclean hands, as such the petitioner/plaintiff is not entitled for any relief. Moreover, this court has no proper jurisdiction to entertain the present petition. Therefore, prays this court to dismissed petition in the interest of justice.
15.Though the respondents/defendants in the present case filed eleven (11) pages counter, but after going through contents of the counter, the relevant portion is considered by this court.
16.During course of enquiry on behalf of the petitioner/plaintiff Ex.P1 to
Ex.P34 got marked and on behalf of the respondents/defendants Ex.R1 to
Ex.R12 got marked. Ex.P1 is the certified copy of Khasra pahani for the year 195455, Ex.P2 is the certified copy of Chessala pahani for the year 195558,
Ex.P3 is the certified copy of pahani for the year 196465, Ex.P4 is the certified copy of pahani for the year 196970, Ex.P5 is the certified copy of pahani for the year 197677, Ex.P6 is the certified copy of ROR for the year 197980, Ex.P7 is the certified copy of pahani for the year 198081, Ex.P8 is the certified copy of pahani for the year 198586, Ex.P9 is the certified copy of pahani for the year 198788, Ex.P10 is the certified copy of pahani for the
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year 198889, Ex.P11 is the certified copy of ROR for the year 198990.
Ex.P12 is the certified copy of pahani for the year 199091, Ex.P13 is the certified copy of pahani for the year 199495, Ex.P14 is the Certified copy of pahani for the year 199596, Ex.P15 is the certified copy of pahani for the year 200506, Ex.P16 is the certified copy of pahani for the year 201011,
Ex.P17 is the certified copy of 1B (ROR) Dated 19012014, Ex.P18 is the certified copy of 1B (ROR) Dated 03092018, Ex.P19 is the certified copy of 1B (ROR) Dated 04012019. Ex.P20 is the certified copy of 1B (ROR) Dated 04092020, Ex.P21 is the Original house tax receipt, Dated 27072021,
Ex.P22 is the original ownership certificate of G.P. Rampally, Dated 2707 2021, Ex.P23 is the original house tax receipt, Dated 27072021, Ex.P24 is the original ownership certificate of G.P. Rampally, Dated 27072021, Ex.P25 is the original valuation certificate of G.P. Rampally, Dated 04082021,
Ex.P26 is the original valuation certificate of G.P. Rampally, Dated 0408 2021, Ex.P27 is the original death certificate of Daram Sathi Reddy, Ex.P28 is the certified copy of Registered Sale Deed Document No. 6428 of 2018, Dated 29092018, Ex.P29 is the certified copy of Registered Gift Deed Document
No. 6427 of 2018, Dated 29092018, Ex.P30 is the original sealed postal cover, Dated 03022021, Ex.P31 is the original caveat petition copy along with postal cover, Dated 03022021, Ex.P32 is the original caveat petition copy along with postal cover, Dated 03022021, Ex.P33 is the original caveat petition copy along with postal cover, Dated 03022021, Ex.P34 is the
Original market value assistance certificates (17), Dated 02082021.
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Ex.R1 is the certified copy of pahani for the year 198081, Ex.R2 is the certified copy of pahani for the year 198586, Ex.R3 is the certified copy of pahani for the year 198586, Ex.R4 is the certified copy of pahani for the year 198586, Ex.R5 is the certified copy of pahani for the year 198788, Ex.R6 is the copy of pahani, Ex.R7 is the copy of pahani, Ex.R8 is the Certified copy of pahani for the year 198788, Ex.R9 is the certified copy of pahani for the year 198990, Ex.R10 is the certified copy of pahani for the year 199091, Ex.R11 is the certified copy of pahani for the year 199091, Ex.R12 is the certified copy of pahani for the year 199091.
17. Heard both the learned counsel appearing on the either side.
18.Now the point for consideration is:
“Whether the Petitioner/Plaintiff is entitled for the relief of temporary injunction as prayed for against the respondents/defendants ?
POINT
19.The case of the petitioner/plaintiff is that, the suit schedule properties are ancestral properties of his grand father by name Daram Pedda Narayana @ Pedda Narayana Reddy and the same was mutated on his father by name
Sathi Reddy and no partition took place among the legal heirs and filed the present petition not to alienate the suit schedule properties till disposal of the main suit.
20.On the other hand, the respondents/defendants No.1 and 2 oppose the same by stating that, orally partition took place and petitioner/plaintiff is not
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entitled for any relief as he came to court with unclean hands by suppressing the facts.
21.Perused the petition, counter and contention of both the learned counsel and documents under Ex.P1 to Ex.P34 and Ex.R1 to Ex.R12.
22.On perusal of Ex.P1 to Ex.P34 it is clear that, the suit schedule properties are ancestral properties and on perusal of pahanies it can be seen that, the suit schedule properties were stands in the name of petitioner/plaintiff's grand father Daram Pedda Narayana @ Pedda Narayana
Reddy and the same was later mutated in the name of petitioner/plaintiff's father Sathi Reddy.
23.Though the respondents/defendants argued that, on demand by the petitioner/plaintiff the suit schedule properties partitioned, but documents relied by respondents/defendants under Ex.R1 to Ex.R12 do not support the contention of the respondents/defendants.
24.The scope of the court in deciding the application Under Order XXXIX
Rule 1 and 2 of CPC is very limited where court only consider the prima facie case basing on the material placed by the parties and seesas to which side balance of convenience would tilt apart from seeing that, whether the petitioner/plaintiff suffer irreparable loss, if injunction is refused. The court in deciding application Under Order 39 R1 and 2 is not accepted to contend proving enquiry but only to see the primary material i.e. documents produced by both the parties.
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25.In the present case the documents filed by the petitioner/plaintiff under
Ex.P1 to Ex.P34 shows that, the suit schedule properties are ancestral properties. Though the respondents/defendants argued that, petitioner/plaintiff suppress the real facts, but the documents under Ex.R1 to
Ex.R12 did not support their contention. Moreover, the same can be decided at the time of trial.
26.Satisfied with the reasons mentioned by the petitioners/plaintiffs and the petitioner/plaintiff is made out of 3 ingredients i.e. prima facie case, balance of convenience and irreparable loss, if injunction is refused the petitioner/plaintiff may suffer irreparable loss.
27.In view of the above said discussion, this court is of the opinion that, granting adinterim injunction in favour of the petitioner/plaintiff will not prejudice to other side and to avoid multiplicity of litigation, this court is inclined to allow the petition in the interest of justice and on justifiable grounds. Accordingly, this point is answered against the respondents/defendants.
28.IN THE RESULT, this Petition is allowed without cost by granting temporary junction against the respondents/defendants No.1 and 2 restraining them from alienating the petition schedule 'A' properties, until disposal of the main suit.
Dictated to Stenographer Grade – III, corrected and pronounced by me in the open Court on this
the 18th day of January, 2022.
SD/-
PRINCIPAL JUNIOR CIVIL JUDGE,
SIDDIPET.
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APPENDIX OF EVIDENCE
WITNESSES EXAMINED
:: NIL ::
DOCUMENTS MARKED ON BEHALF OF PETITIONER
Ex.P1: Certified copy of Khasra pahani for the year 195455.
Ex.P2: Certified copy of Chessala pahani for the year 195558.
Ex.P3: Certified copy of pahani for the year 196465.
Ex.P4: Certified copy of pahani for the year 196970.
Ex.P5: Certified copy of pahani for the year 197677.
Ex.P6: Certified copy of ROR for the year 197980.
Ex.P7: Certified copy of pahani for the year 198081.
Ex.P8: Certified copy of pahani for the year 198586.
Ex.P9: Certified copy of pahani for the year 198788.
Ex.P10: Certified copy of pahani for the year 198889.
Ex.P11: Certified copy of ROR for the year 198990.
Ex.P12: Certified copy of pahani for the year 199091.
Ex.P13: Certified copy of pahani for the year 199495.
Ex.P14: Certified copy of pahani for the year 199596.
Ex.P15: Certified copy of pahani for the year 200506.
Ex.P16: Certified copy of pahani for the year 201011.
Ex.P17: Certified copy of 1B (ROR) Dated 19012014.
Ex.P18: Certified copy of 1B (ROR) Dated 03092018.
Ex.P19: Certified copy of 1B (ROR) Dated 04012019.
Ex.P20: Certified copy of 1B (ROR) Dated 04092020.
Ex.P21: Original house tax receipt, Dated 27072021.
Ex.P22: Original ownership certificate of G.P. Rampally, Dated 27072021.
Ex.P23: Original house tax receipt, Dated 27072021.
Ex.P24: Original ownership certificate of G.P. Rampally, Dated 27072021.
Ex.P25: Original valuation certificate of G.P. Rampally, Dated 04082021.
Ex.P26: Original valuation certificate of G.P. Rampally, Dated 04082021.
Ex.P27: Original death certificate of Daram Sathi Reddy.
Ex.P28: Certified copy of Registered Sale Deed Document No. 6428 of 2018,
Dated 29092018.
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Ex.P29: Certified copy of Registered Gift Deed Document No. 6427 of 2018,
Dated 29092018.
Ex.P30: Original sealed postal cover, Dated 03022021.
Ex.P31: Original caveat petition copy along with postal cover,
Dated 03022021.
Ex.P32: Original caveat petition copy along with postal cover,
Dated 03022021.
Ex.P33: Original caveat petition copy along with postal cover,
Dated 03022021.
Ex.P34: Original market value assistance certificates (17), Dated 02082021.
DOCUMENTS MARKED ON BEHALF OF RESPONDENTS
Ex.R1: Certified copy of pahani for the year 198081.
Ex.R2: Certified copy of pahani for the year 198586.
Ex.R3: Certified copy of pahani for the year 198586.
Ex.R4: Certified copy of pahani for the year 198586.
Ex.R5: Certified copy of pahani for the year 198788.
Ex.R6: Copy of pahani.
Ex.R7: Copy of pahani.
Ex.R8: Certified copy of pahani for the year 198788.
Ex.R9: Certified copy of pahani for the year 198990.
Ex.R10: Certified copy of pahani for the year 199091.
Ex.R11: Certified copy of pahani for the year 199091.
Ex.R12: Certified copy of pahani for the year 199091.
SD/
PRINCIPAL JUNIOR CIVIL JUDGE,
SIDDIPET.
Prl. JCJ, Siddipet.