Santhi Soni Noothakki

OS.1051/2021,

Dt.24.08.2022. Page 1 of 6

IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE AT

KHAMMAM

Dated, this the 24th day of August, 2022.

Present: Smt.N.Santhi Soni, I Addl. Junior Civil Judge, Khammam. FAC. Prl. Junior Civil Judge, Khammam.

O.S. No.1051 of 2021

Between:-

Inturi Nageswara Rao, S/o. Ramaiah, Age:46 years, Occ:Agriculture, R/o.H.No.4-127, Keshavapuram village, Jellacheruvu Revenue, Kusumanchi Mandal, Khammam district.

…..Plaintiff.

And

1) Kakarla Bhyagyamma, W/o. Late Mohan Rao, Age: 65 years, Occ: Agriculture

2) Inturi Naga Raju, S/o. Late Pedda Krishnaiah, Age: 45 years, Occ:RMP, Doctor Both are R/o. Keshavapuram village, Jellacheruvu Revenue, Kusumanchi mandal, Khammam district.

...Defendants

This suit came before me on 22.07.2022 for hearing in the presence of Sri A.Rama Rao, Advocate for the Plaintiff; Defendants set exparte; upon perusing the material on record, upon hearing, and having stood over for consideration, till this day, this court delivered the following:-:

J U D G M E N T

[1.]This is a suit filed under Order VII, Rule 1 R/W Sec.26 of C.P.C., by the plaintiff for the relief of perpetual injunction restraining the

OS.1051/2021,

Dt.24.08.2022. Page 2 of 6 defendants, their followers, agents, henchmen and other persons from interfering into the peaceful possession and enjoyment of the plaintiff over the suit schedule properties and to award costs of the suit.

[2.]The averments of the plaint, in brief, are as follows:

The plaintiff is the pattedar of the properties, admeasuring Ac.3.39 gts., in Sy.No.533/AA, and Ac.1.33 Gts., in Sy.No.535/AA, and Ac.1.00 Gts., in Sy.No. 537/7/1 in total Ac.6.32 Gts., situated at Jeellacheruvu village,

Kusumanchi mandal, Khammam district. The plaintiff is the absolute owner and possessor of the suit schedule properties and he has been enjoying the possession without any interruption. Plaintiff fenced the entire land by fencing stones with iron rope and raised papaya trees in the total land with drip irrigation. The defendants are the relatives of the plaintiff and they developed a gready eye over the suit schedule properties and trying to interfere into the peaceful possession and enjoyment of the suit schedule properties of the plaintiff without having any right or interest over the suit schedule properties as the market value of the properties are growing up day by day. That on 23.09.2021 the defendants entered into the lands of plaintiff along with their agents, henchmen and removed the fencing stones of the field to disturb the Drip pipes, Papaya Trees and physical possession of the suti schedule properties and on knowing the same plaintiff rushed to the spot and stopped the illegal attempts of the defendants with the help of the village elders. The defendants ill treated the plaintiff and abused in filthy

OS.1051/2021,

Dt.24.08.2022. Page 3 of 6 language and also tried to beat the plaintiff with gundas. That the defendants are influenced persons and are trying to grab the suit schedule properties , if they succeeded in their attempts the plaintiff will suffer irreparable loss and injury. Hence, this suit.

[3.]Inspite of giving reasonable adjournments, the defendants did not file written statement within the stipulated time though the defendants engaged their counsel and no representation on their behalf. Hence, the defendants were set exparte on 22.06.2022.

[4.]In order to prove the suit claim before this court, on behalf of the plaintiff examined himself as PW.1 and got marked Ex.A1 on his behalf. [ [5.]Heard the learned counsel for the plaintiff and perused the entire record.

[6.] The point for consideration is:

Whether the plaintiff is entitled for the relief as prayed for? if so, to what relief?

[7.]POINT :

a)The case of the plaintiff is that, plaintiff is the owner and possessor of the suit schedule property and the defendants 1 and 2 are interfering into their possession over the suit schedule properties. To substantiate his claim, the plaintiff examined himself as P.W.1 and got marked Ex.A1. Ex.A.1 is Telangana pattadar pass book

b)On going through the oral evidence of PW.1 coupled with documentary evidence Ex.A.1, it is evident from the contents of the

OS.1051/2021,

Dt.24.08.2022. Page 4 of 6 document that the Plaintiff is in possession over the suit schedule properties. Though the defendants engaged their counsel, they did not file written statement within the stipulated time inspite of giving reasonable adjournments and no representation on their behalf. Hence, the defendants were set exparte on 22.07.2022. There is no other evidence placed on record to rebut the evidence of plaintiff and the evidence of Plaintiff remained unchallenged and unrebutted. In these circumstances, it is proved by the Plaintiff through Ex.A.1 that he is in peaceful possession and enjoyment of the suit schedule properties.

Therefore, it is just and necessary to restrain the Defendants from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule properties and that the plaintiff is entitled for the relief of perpetual injunction. This point is answered accordingly in favour of the Plaintiff.

[8.]IN THE RESULT, the suit of the plaintiff is decreed with costs, by granting the relief of perpetual injunction restraining the defendants, their followers, agents, henchmen and other persons from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule properties.

Typed to my Dictation by the Stenographer, corrected and pronounced by me in the open court, on this the 24th day of August, 2022.

FAC. PRINCIPAL JUNIOR CIVIL JUDGE,

KHAMMAM

OS.1051/2021,

Dt.24.08.2022. Page 5 of 6

Appendix of Evidence Witnesses Examined For Plaintiff.For Defendants PW.1: Inturi Nageswara Rao Exparte

EXHIBITS MARKED

For Plaintiff. Ex.A.1: Telangana Pattadar Pass Book.

For Defendants: Exparte

FAC. PRINCIPAL JUNIOR CIVIL JUDGE,

KHAMMAM.

OS.521/2022,

Dt.24.08.2022. Page 1 of 6

IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE AT

KHAMMAM

Dated, this the 24th day of August, 2022.

Present: Smt.N.Santhi Soni, I Addl. Junior Civil Judge, Khammam. FAC. Prl. Junior Civil Judge, Khammam.

O.S. No.521/2022

Between:-

Guguloth Anjaneyulu, S/o. Mansingh, Age:50 years, Occ:Agriculture, R/o. Kotha Kothuru village, Nelakondapalli Mandal, Khammam district.

…..Plaintiff.

And

1) Guguloth Mohan, S/o. Neeliya, Age:35 years, Occ: Agriculture, R/o. H.No.9-49, Peddathanda village, Khammam rural,Khammam district.

2) Guguloth Veeranna, S/o. Phakira, Age:50 years, Occ: Agriculture, R/o. H.No. 7-39, Peddathanda village, Khammam rural (M), Khammam district

...Defendants

This suit came before me on 11.08.2022 for hearing in the presence of Sri B.Phanibhushan and Sri M.Saideswara rao, Advocates for the Plaintiff; Defendants set exparte; upon perusing the material on record, upon hearing, and having stood over for consideration, till this day, this court delivered the following:-:

J U D G M E N T

[1.]This is a suit filed under Order VII, Rule 1 and 2 R/W Sec.26 of C.P.C., by the plaintiff for the relief of perpetual injunction restraining the defendants, their men, servants, subordinates, agents and all other

OS.521/2022,

Dt.24.08.2022. Page 2 of 6 persons claiming through them from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property and to award costs of the suit.

[2.]The averments of the plaint, in brief, are as follows:

The plaintiff is the absolute owner and possessor of the suit schedule property i.e., agriculture land measuring to an extent of Ac.0.20 gts in Sy.No.562/44, situated at Nelakondapalli Revenue village,

Nelakondapalli Mandal, Khammam district. The plaintiff had purchased the suit schedule property for a valid sale consideration from its original owner namely Anki Laxmi, W/o.Muthaiah through a Sada Sale Deed,

dated 10.10.2001. Subsequently the Revenue authorities got entered the

plaintiff’s name in the revenue records and issued Pattedar Passbook bearing No.T26120081153, Khata No.1721 and since then plaintiff has been in peaceful possession and enjoyment of the suit schedule property with absolute rights and perfect title. That the defendants who are residents of Pedda Thanda village and habituated to grab the lands of the innocents in order to gain wrongfully. That on 24.04.2022 the defendants without having any rights, interest over the suit schedule property came along with their henchmen and tried to interfere with the peaceful possession and enjoyment of the plaintiff over the petition schedule property and with the help of neighbours plaintiff resisted the illegal acts and attempts of the defendants and their men. That, it is difficult to the

OS.521/2022,

Dt.24.08.2022. Page 3 of 6 plaintiff to resist the illegal acts and attempts of the defendants and their men without the help of the Hon’ble Court. Hence, this suit.

[3.]Defendants were set exparte on 18.07.2022.

[4.]In order to prove the suit claim before this court, on behalf of the plaintiff examined himself as PW.1 and got marked Exs.A1 to A3 on his behalf.

[5.]Heard the learned counsel for the plaintiff and perused the entire record.

[6.] The point for consideration is:

Whether the plaintiff is entitled for the relief as prayed for? if so, to what relief?

[7.]POINT :

a)The case of the plaintiff is that, plaintiff is the owner and possessor of the suit schedule property and the defendants 1 and 2 are interfering into their possession over the suit schedule property. To substantiate their claim, the plaintiff examined himself as P.W.1 and got marked Exs.A1 to A3. Ex.A.1 is the Original Pattadar Passbook

No.T26120081153, Khata No.1721 issued by Tahsildar Nelakondapalli,

dated 18.04.2018, Ex.A2 is Meeseva 1B Namuna ROR issued by Tahsildar

Nelakondapalli, dated 30.07.2019, Ex.A3 is Meeseva Pahani issued by

Tahsildar, Nelakondapalli, dated 30.07.2019.

OS.521/2022,

Dt.24.08.2022. Page 4 of 6

b)On going through the oral evidence of PW.1 coupled with documentary evidence Exs.A.1 to A.3, it is evident from the contents of the documents that the Plaintiff is in possession over the suit schedule property. Though the defendants received summons and no representation on their behalf. Hence, the defendants were set exparte on 18.07.2022. There is no other evidence placed on record to rebut the evidence of plaintiff and the evidence of Plaintiff remained unchallenged and unrebutted. In these circumstances, it is proved by the Plaintiff through Exs.A.1 to A.3 that he is in peaceful possession and enjoyment of the suit schedule property. Therefore, it is just and necessary to restrain the Defendants from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property and that the plaintiff is entitled for the relief of perpetual injunction. This point is answered accordingly in favour of the Plaintiff.

[8.]IN THE RESULT, the suit of the plaintiff is decreed with costs, by granting the relief of perpetual injunction restraining the defendants, their men, servants, subordinates, agents and all other persons claiming through them from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property.

Typed to my Dictation by the Stenographer, corrected and pronounced by me in the open court, on this the 24th day of August, 2022.

FAC.PRINCIPAL JUNIOR CIVIL JUDGE,

KHAMMAM

OS.521/2022,

Dt.24.08.2022. Page 5 of 6

Appendix of Evidence Witnesses Examined For Plaintiff.For Defendants PW.1: Guguloth Anjaneyulu Exparte

EXHIBITS MARKED

For Plaintiff. Ex.A.1: Original Pattadar Passbook No.T26120081153, Khata No.1721 issued by Tahsildar Nelakondapalli, dated 18.04.2018 Ex.A2: Meeseva 1B Namuna ROR issued by Tahsildar Nelakondapalli,

dated 30.07.2019,

Ex.A3: Meeseva Pahani issued by Tahsildar, Nelakondapalli, dated 30.07.2019.

For Defendants: Exparte

FAC. PRINCIPAL JUNIOR CIVIL JUDGE,

KHAMMAM.

TSKH030028132019

Presented on : 01-05-2019 Registered on : 26-07-2019 Decided on : 25-08-2022 Duration : 3 years, 3 months, 24 days

IN THE COURT OF

Principal Junior Civil Judge -cum- Judicial Magistrate of First Class,

Khammam

AT KHAMMAM URBAN ,KHAMMAM

(Presided Over by SMT. DEEPA KASARAGADDA)

CC/2464/2019

Exhibit No. (PROSECUTION): Deekonda Narasimha Murthy Through Police Station Officer , R/o.pakabanda Bazar,Khammam District

KHAMMAM URBAN KHAMMAM

Deekonda Narasimha Murthy VERSUS : Gatla Ramu Age: 0 Occupation : R/o.C/o.Padmavathi Agencies ,Opp.Venkateswara Swamy temple,Kaman Bazar,Khammam city and District ----------------------------------------------------------------------------- APP for State }: Tellakula Ramesh Babu, Advocate for appearing for Gatla Ramu Advocate appearing for , respectively. -----------------------------------------------------------------------------

Offence punishable under :

138 of CODE OF CRIMINAL

PROCEDURE,

of , of , of ,

JUDGMENT

(Delivered on 25-08-2022)

ORDER

Both called present. Parties are compromised and 257 Cr.P.C. filed and same is allowed. In compromising the case is withdrawn and accused is discharged.

Date : 25-08-2022 (SMT. DEEPA KASARAGADDA)

Principal Junior Civil Judge -cum-

Judicial Magistrate of First Class, Khammam

KHAMMAM URBAN KHAMMAM

Dictated on :

Transcribed on : checked on : Signed on :

(SMT. DEEPA

KASARAGADDA)Principal

Junior Civil Judge -cum- Judicial Magistrate of First Class, Khammam

KHAMMAM URBAN

KHAMMAM

Visit ecourts.gov.in for updates or download mobile app “eCourts Services ” from Android or iOS

TSKH030061442019

Presented on : 12-12-2019 Registered on : 12-12-2019 Decided on : 25-08-2022 Duration : 2 years, 8 months, 13 days

IN THE COURT OF

Principal Junior Civil Judge -cum- Judicial Magistrate of First Class,

Khammam AT KHAMMAM URBAN ,KHAMMAM Presided Over by SMT. DEEPA KASARAGADDA

EP/156/2019

Exhibit No.:

: Margadarshini chit funds rep.by.P.hanumantha Rao Age: 0 Occupation : Address: Khammam

VERSUS : P.Satyanarayana Age: 50 Occupation : Address: Bodrai thanda Dornakal ,Mahabubabad district.

----------------------------------------------------------------------------------------- Advocate for : GOGINENI MADHAVA RAO Advocate for : appearing for P.Satyanarayana: Advocate appearing for respectively.

Claim :

JUDGMENT

(Delivered on 25-08-2022 )

ORDER

Full Satisfaction Memo filed and same is taken on record. Hence EP proceedings are Terminated.

Date : 25-08-2022 (SMT. DEEPA KASARAGADDA)

Principal Junior Civil Judge -cum-

Judicial Magistrate of First Class, Khammam

Visit ecourts.gov.in for updates or download mobile app “eCourts Services ” from Android or iOS

IN THE COURT OF

Principal Junior Civil Judge -cum- Judicial Magistrate of First Class,

Khammam AT KHAMMAM URBAN ,KHAMMAM Presided Over by SMT. DEEPA KASARAGADDA

Exhibit No.:

Claim :

ORDER

THIS EXECUTION PETITION IS DISPOSED.

(SMT. DEEPA KASARAGADDA)

Principal Junior Civil Judge -cum- Judicial

Magistrate of First Class, Khammam

KHAMMAM

Visit ecourts.gov.in for updates or download mobile app “eCourts Services ” from Android or iOS