O.S.22/2026 1 Civil Judge’s Court (Senior Division)
Dharmavaram
CNR.No.APAN0D0000592026
IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION),
DHARMAVARAM.
PRESENT:- T. Venkateswarlu,
Civil Judge (Senior Division), Dharmavaram.
Tuesday, this the 28th day of April, 2026.
Original Suit No. 22/2026
Between Chakali Raju, S/o Chakali Ramanna @ Sakali Ramanna, aged about 30 years, Hindu, Agriculturist, Residing at D.No.2/30, Kalyandurgam Road, Banukota Village, Maddalacheruvu Revenue Village, Kanaganapalli Mandal, Sri Sathya Sai Disdtrict. …Plaintiff
And
1. Chakali Muthyalu, S/o Late C.Pullanna, aged about 45 years, Business, Residing at Rudrampeta Bypass, 2nd Cross, Anantapuramu.
2. Palla Daivadinam, S/o Late P.Thippanna, aged about 60 years, Hindu
3. Palla Yuvaraju, S/o P.Daivadinam, aged about 35 years, Hindu
Both D.2 and D.3 are residing at Pallelolla Sandu, Bhanukota Village, H/o Maddalacheruvu, Kanaganapalli Mandal, Sri Sathya Sai District. …Defendants
This suit has come before me on 28.04.2026 for hearing in the presence of Sri D.Vijaya Raghavendra, Smt. J.Sumalatha, Sri M.Narasimha Murthy, Sri M.Peddanna, Kum. J.V.Ramya Likitha, Advocates for the plaintiff; and the suit against 1st defendant was dismissed as not pressed; defendants 2 and 3 remained exparte; upon perusing the entire material
O.S.22/2026 2 Civil Judge’s Court (Senior Division)
Dharmavaram available on record; having been stood over for consideration till this day, this Court delivers the following:-
JUDGMENT
1.This suit is filed by the plaintiff to declare title of plaintiff over suit schedule property, direct defendants to deliver property which they occupied some portion illegally in S.No.477 to plaintiff, if defendants failed to do so, same may be through court of law, award costs of suit.
2.Case of plaintiff is that suit schedule property situated in village field limits of Maddalacheruvu, Kanaganapalli Mandal in S.No.477 to an extent of Ac.12.90 cents and S.No.482 to an extent of Ac.15.51 cents out of it
Ac.3.00cents was originally belongs to one Chakali Lakshmamma, W/o
Late C.Pullanna, during her lifetime she had been in possession, enjoyment of same. During her lifetime, said C.Lakshmamma out of love and affection towards her grandson that is plaintiff, had with free will and volition voluntarily executed a Will in favour of plaintiff on 21.03.2025 bequeathing suit schedule property in favour of plaintiff in sound state of mind, that will came into force after her demise. Said C.Lakshmamma died on 27.03.2025, after her death plaintiff had taken possession without any hindrance, he became absolute owner of suit schedule property, he is in peaceful possession, enjoyment of suit schedule property as per testament of testator. After death of said C.Lakshmamma Will came into force after that taken possession, approached revenue authorities for mutation of his name in concerned revenue records with regard to suit schedule property, at that time plaintiff came to know about illegal revenue entries of
O.S.22/2026 3 Civil Judge’s Court (Senior Division)
Dharmavaram defendants, plaintiff questioned revenue authorities about illegal entries regarding suit schedule property, they did not respondent properly, not delete illegal entries, finally they suggested plaintiff to declare his title through competent civil court, after that only they mutate name of plaintiff in revenue records. While it was so defendants taking advantage of illegal entries in their names in revenue records, recently forcibly occupied some portion of land in S.No.477 to an extent of Ac.5.00 cents out of Ac.12.90 cents on Northern side of said S.No. in suit schedule property and plaintiff is in peaceful possession, enjoyment of remaining extent in this S.No.Ac.7.90 cents and also in another S.No.482 to an extent of Ac.15.51 cents out of it
Ac.3.00 cents and also defendants denying very title of plaintiff over suit schedule property. After come to know about illegal occupation of defendants, plaintiff several times demanded defendants to handover occupied portion but defendants are postponing same on one pretext or other, plaintiff not in a position to resist highhandedness of defendants, plaintiff got advised defendants through elders but in vain, plaintiff have no other alternative except to move for redressal.
3.Basing on memo filed by Counsels for plaintiff, suit against defendant
No.1 was dismissed as not pressed on 10.04.2026. Defendants 2 and 3 having received summons, did not turn up, hence they were set ex-parte on 25.03.2026.
4.To prove case of plaintiff, plaintiff himself examined as P.W.1, got marked Exs.A.1 to A.6. Ex.A.1 is certified copy of registered sale deed executed by Chinna Kasappa and Alla Bakash in favour of
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Dharmavaram
Chakali Lakshmamma dated 20.03.1989 who is grandmother of plaintiff. Ex.A.2 is unregistered Will executed by Chakali
Lakshmamma in favour of plaintiff dated 21.03.2025. Ex.A.3 is encumbrance certificate issued by Government of Andhra Pradesh,
Registration and stamps department dated 18.02.2026 for item Nos.1 and 2 of plaint schedule properties. Ex.A.4 is death certificate of
Chakali Lakshmamma died on 27.03.2025 issued by Government of
Andhra Pradesh through registrar (birth and death, grampanchayat,
Bhanukota Village) dated 30.01.2026. Ex.A.5 is valuation certificate issued by Sub-Registrar, C.K. Palli for item No.1 of plaint schedule property dated 18.02.2026. Ex.A.6 is valuation certificate issued by
Sub-Registrar, C.K. Palli for item No.2 of plaint schedule property
dated 18.02.2026. In support of his case, first attestor of Ex.A.2
Garladinne Shiva Prasad, is examined as PW.2.
5.Heard Counsel for plaintiff, perused entire material available on record.
6.Now points for consideration are :-
(i) Whether plaintiff is entitled for suit claim as prayed for ?
(ii) To what relief ?
7. Point No. i :
Whether plaintiff is entitled for the suit claim as prayed for ?
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Dharmavaram
8.Along with above suit plaintiff filed petitions 3 in number against respondents/defendants under order 39, rules 1 and 2 of C.P.C., vide
I.A.79/2026 under prays to restrain respondents/defendants, their men, agents, representatives from alienating illegal occupied portion in S.No.477 that is petition schedule property by temporary injunction pending disposal of suit on merits, mentioned schedule property in petition is as Sl.No.1, Nature : G.D., S.No.477, extent Ac.12.90 cents, in which respondents/defendants illegally occupied land to an extent of Ac.5.00 cents on Northern side, its boundaries for total extent
Ac.12.90 cents that is East : Land of Vepakunta Polanna and
Narayana; South : Land of Vepakunta Poalnna and Narayana; West :
Land of Chinna Marappa, Narayana and Rajanna; North : Land of
Divadeenam. In said petition this court was ordered urgent notice to respondents/defendants on payment of process through court and RP after hearing Counsel for petitioner/plaintiff after perusing the records.
Same was posted to 11.03.2026. On 11.03.2026 respondents 2 and 3 are called absent, no representation on their behalf, hence they are set exparte as summons served to them. R.1 is called absent, await notice to him through court and RP, matter is posted to 25.03.2026.
On 25.03.2026 office note is as await notice to R.1, returned for want of correct address to R.1, at request of Smt. J.Sumalatha, Advocate representing for petitioner, matter is posted to 26.03.2026. On 26.03.2026 petitioner is called absent. R.1 is called absent. At request of Smt. Y.Sunitha, Advocate representing for petitioner, issued notice to R.1 on payment of process through court and RP on furnishing his correct address particulars, matter is posted to
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Dharmavaram 10.04.2026 on her request. On 10.04.2026 office note is as notice to
R.1 through court and RP not yet returned, batta is also not paid to
R.1 as per order dated 26.03.2026. On that day that is on 10.04.2026
Sri D.Vijaya Raghavendra and Smt. J.Sumalatha, Advocates filed vakalat on behalf of petitioner/plaintiff to contest matter on his behalf along with previous counsels, counsels for petitioner/plaintiff has filed memo stating that petition/case against R.1/D.1 is not pressed in view of above petition against R.1 is dismissed as not pressed, heard
Counsel for petitioner/plaintiff in part, matter is posted to 13.04.2026 to hear Counsel for petitioner/plaintiff further. On 13.04.2026 this matter is posted to 15.04.2026 as call with main O.S. On 15.04.2026 also docket order is as heard Counsel for petitioner, call with main
O.S., posted matter to 22.04.2026. On 22.04.2026 matter is posted to 28.04.2026 that is today with call with main O.S.
9.In I.A.80/2026 the petitioner/plaintiff prayed to restrain respondents/defendants, their men, agents, representatives from changing physical features in illegally occupied portion in S.No.477 that is petition schedule properties by temporary injunction pending disposal of the suit on merits. In I.A.81/2026 petitioner/plaintiff prayed to restrain the respondents, their men, agents, representatives from interfering with peaceful possession and enjoyment of petitioner over petition schedule properties by temporary injunction pending disposal of suit on merits. Along with above suit, also filed third party affidavits two in number namely C.Lakshmanna, S/o C.Papanna and C.Ravi
Kumar, S/o C.Lakshmanna, they were stated in their affidavits that
O.S.22/2026 7 Civil Judge’s Court (Senior Division)
Dharmavaram they are deponents, third parties to above suit proceedings, they know suit litigations very well, defendants are in illegal possession of some portion of property, they are trying to alienate illegal occupied portion of suit schedule property to third parties, defendants have no right to do so. To prove version of said third parties, plaintiff did not examine them to support his case. Plaintiff was stated as a petitioner in I.A.s filed by him three in number that is I.A.79/2026 to I.A.81/2026, so also he stated in main suit schedule as well as in petition schedule, showing items 1 and 2 at first item described as Sl.No.1, nature :
G.D., S.No.477, extent Ac.12.90 cents, its boundaries are as East :
Land of Vepakunta Polanna and Narayana; South : Land of
Vepakunta Poalnna and Narayana; West : Land of Chinna Marappa,
Narayana and Rajanna; North : Land of Divadeenam. At item No.2 of schedule is Sl.No.2, nature : G.D., S.No.482, extent Ac.15.15 cents, out of it Ac.3.00 cents, bounded by East : Land of Pujari Narasimhulu,
South : Land of Pedda Kasappa, West : Land of Pedda Kasappa,
North : Land of Palla Muthyalakka. To prove case of plaintiff, he absolutely failed to examine land owners of boundaries of suit schedule properties also. So, except self serving statement/oral testimonies of PW.1, he did not examine material and crucial witnesses, who are present at the time of execution of Ex.A.2. Ex.A.2 on which plaintiff mainly depend upon also doubtful, suspicious in nature, same was not executed as per law, procedure laid down, as executent Chakali Lakshmamma was died immediately after 5 days after execution of Ex.A.2 on 27.03.2025. Exs.A.3 to A.6 are only encumbrance certificate, death certificate of Chakali Lakshmamma,
O.S.22/2026 8 Civil Judge’s Court (Senior Division)
Dharmavaram valuation certificates, plaintiff failed to file revenue records such as 1-B adangal, pattadar passbooks, title deed, tax receipts, etc.,
10.Above suit was filed on behalf of plaintiff against defendants for declaration of title of plaintiff over suit schedule property, direct defendants to deliver property which they occupied some portion illegally in S.No.477 to plaintiff, if defendants failed to do so, same may be through court of law, award costs of suit, for which after receipt of summons by defendants 2 and 3, they are remained set exparte on 10.03.2026 as they were called absent, no representation on their behalf. Whereas, summons not served to 1st defendant, as he was called absent, for want of his correct address particulars, at request of Smt. J.Sumalatha, Advocate, representing for plaintiff, matter is posted to 26.03.2026. On 26.03.2026 plaintiff is called absent, D.1 is called absent, at request of Smt. Y.Sunitha, Advocate, representing for plaintiff, issued summons to D.1 on payment of process TC and RP, on furnishing his correct address particulars, posted the same to 10.04.2026. On 10.04.2026 office note is summons to D.1, through court not yet returned, process not paid to
D.1 from 26.03.2026, ordered at request of Smt. Y.Sunitha representing for plaintiff on 26.03.2026. Sri D.Vijaya Raghavendra and Smt. J.Sumalatha, Advocates filed vakalat on behalf of plaintiff to contest matter on his behalf along with previous counsels, Counsels for plaintiff is filed common memo stating that case against D.1 is not pressed, so, in view of above said memo filed by them, suit against
D.1 is dismissed as not pressed, posted matter for plaintiff evidence
O.S.22/2026 9 Civil Judge’s Court (Senior Division)
Dharmavaram to 13.04.2026. On 13.04.2026 chief examination affidavit of plaintiff is filed as PW.1, he was further chief examined as PW.1, Exs.A.1 to A.6 were marked, chief examination of G.Siva Prasad, who is first attestor for Ex.A.2 is filed as PW.2, he is further chief examined as PW.2,
Counsel for plaintiff is reported as no further evidence on behalf of plaintiff, hence further evidence of plaintiff is closed, matter is posted for arguments to 15.04.2026. On 15.04.2026 heard Counsel for plaintiff in part, matter is posted to 22.04.2026 to hear further by
Counsel for plaintiff. On 22.04.2026 matter is posted to this day that is on 28.04.2026 for further arguments by Counsel for the plaintiff, at request from 22.04.2026 that is this day matter is treated as heard further by Counsel for plaintiff, proceeded with. Plaintiff is contending that Chakali Lakshmamma is absolute owner of plaint schedule properties, during her lifetime she was executed an unregistered Will
dated 27.03.2025 bequeathing properties to the plaintiff marked as
Ex.A.2. Ex.A.1 is the registered sale deed document No.263/1989,
dated 20.03.1989 stands in the name of Chakali Lakshmamma,
marked as Ex.A.1. As seen from Ex.A.1 plaint schedule properties were purchased by Chakali Lakshmamma, W/o Pullanna from Chinna
Kasappa, Allabakash through a registered sale deed for an amount of
Rs.41,500/-. As per Ex.A.1 it makes clear that Lakshamma has got property, she is absolute owner of suit schedule properties.
11.In Ex.A.2 it was attested by two attestors and one scribe, but plaintiff examined first attestor as PW.2 to prove Will but he does not examine material and crucial witness that is scribe of Ex.A.2 to prove
O.S.22/2026 10 Civil Judge’s Court (Senior Division)
Dharmavaram
Ex.A.2. Generally, party approaches court has to prove his own case but he did not depend upon weakness of opposite party that is defendants in this case but here defendants 2 and 3 were set exparte, suit against D.1 was dismissed as not pressed by Counsel for plaintiff, why plaintiff has not examined another attestor and scribe of Ex.A.2 as it was an unregistered Will reasons best known to him only. In general to prove execution of Will party has to examine attestor and scribe as same was true, valid and genuine but plaintiff has not examined material and crucial witnesses that is 2nd attestor and scribe of Ex.A.2. Ex.A.3 is encumbrance certificate shows that Late Chakali
Lakshmamma got property and Ex.A.4 is death certificate of Chakali
Lakshmamma Exs.A.5, A.6 are valuation certificates for plaint schedule properties. Ex.A.1 is sale deed under which property purchased by Chakali Lakshmamma. It was not mentioned in the
Ex.A.1 that how said Chakali Lakshmamma got money to purchase property in her name, moreover Ex.A.2 was executed on 21.03.2025 said Lakshmamma was died on 27.03.2025, after execution of Ex.A.2 that is 5 days after only she died, moreover in Ex.A.2 there are no ingredients about how she was got property.
12.As seen from material available on record it is found that defendants mutated their names in revenue records, but no proof was filed in this case, to prove the same, if it is true that defendants occupied some extent of property why plaintiff has not pressed his claim against D.1 as he himself filed not press memo that D.1 has occupied property of plaintiff. Main contention of the plaintiff is that he
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Dharmavaram was stated in his plaint as well as in his chief examination affidavit as
PW.1 that during lifetime of C.Lakshmamma, out of love and affection towards her grandson that is plaintiff had with free will, volution, voluntarily executed a Will in his favour on 21.03.2025 bequeathing suit schedule property in his favour in sound state of mind, that Will came into force after her demise, subsequently she was dead on 27.03.2025, after her death he had taken possession without any hindrance, he became absolute owner of suit schedule property, he is in peaceful possession and enjoyment of suit schedule property as per testament of testator. But, on perusal of said version/statement of plaintiff/PW.1 his entire case was depending upon said Will/Ex.A.2 said to be executed by said C.Lakshmamma who is grandmother of plaintiff in this connection he stated that during her lifetime out of love and affection towards him, had with free will, volution, voluntarily executed Will in his favour on 21.03.2025 bequeathing suit schedule property in his favour in sound state of mind, that Will came into force after her demise, subsequently she was died on 27.03.2025. It shows that immediately within short time/within span of 5 days of execution of Ex.A.2, said C.Lakshmamma was dead, no explanation/reasons stated by him at anywhere in his case/contention/material filed by him about she was dead immediately within span of/short time of 5 days from the date of Ex.A.2 dated 21.03.2025 upto her death 27.03.2025 for reasons best known to him only. So, emerging/born/birth/execution of Ex.A.2 Will/testament said to be executed by testator in favour of plaintiff with free will, volution, voluntarily is doubtful and suspicious, and death of said C.Lakshmamma was dead on 27.03.2025
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Dharmavaram immediately within short time/span of 5 days after execution of Ex.A.2
dated 21.03.2025 is also doubtful and suspicious that is whether her
death is natural or suspicious is in question mark.
13.Plaintiff has stated in his plaint and in his chief examination affidavit as PW.1 he stated that after death of said C.Lakshmamma,
Will came into force, after that taken possession and approached revenue authorities for mutation of his name in concerned records with regard to suit schedule property, at that time plaintiff came to know about illegal revenue entries of defendants, plaintiff questioned revenue authorities about illegal entries regarding suit schedule property, revenue authorities did not respond properly, not delete illegal entries, finally revenue authorities suggested plaintiff to declare title of plaintiff through a competent civil court, after that only revenue authorities mutate name of plaintiff in revenue records, hence, plaintiff filed this suit for declaration of title. To prove said version/statement of plaintiff/PW.1 except his self serving/oral statement as stated above, he was absolutely failed to file any documentary evidence to support his case as claimed for. Plaintiff stated in his plaint as well as in his chief examination affidavit as PW.1 that while it was so, defendants taking advantage of illegal entries in their names in revenue records, they recently forcibly occupied some portion of land to an extent of Ac.5.00 cents in S.No.477 out of Ac.12.90 cents on
Northern side of said S.No. in suit schedule property, plaintiff is in peaceful possession and enjoyment of remaining extent in this survey number, Ac.7.90 also not in S.No.482 with an extent of Ac.15.51, out
O.S.22/2026 13 Civil Judge’s Court (Senior Division)
Dharmavaram of it Ac.3.00 also defendants denying very title of plaintiff over suit schedule property, after came to know about illegal occupation of defendants, plaintiff several times demanded defendants to handover occupied portion, but defendants postponing same on one pretext or other, plaintiff is not in a position to resist highnadedness of defendants, he got adviced through elders but in vain. Plaintiff have no other alternative except to seeking this court for redressal. Here also, plaintiff/PW.1 stated only his oral/self serving statement, except that he did not file any documentary evidence to prove same to support same to his case, if same was really happened even otherwise to believe his version as stated above, he is having opportunity as per law that he had issued legal notice to defendants calling upon to handover illegal occupation of his land prior to filing of this suit, that is also failed to do so even, moreover, he was absolutely failed to lodge report before concerned police requesting to take appropriate criminal action against defendants that who are illegal occupied his some portion of land with their highhanded acts.
Moreover, when there is serious disputes between him and defendants there are ample opportunities to appoint Advocate
Commissioner to adjudicate the serious land disputes between them, that was also he was failed to do so. So, evidence of PWs.1 and 2 coupled with Exs.A.1 to A.6 are not believable, are not trustworthy, are not true, valid and genuine in the eye of law and procedure. So it makes clear that entire case of plaintiff is fabricated, created, concocted story, fraudulent means, misleading, misrepresenting the
O.S.22/2026 14 Civil Judge’s Court (Senior Division)
Dharmavaram court with magic, illusion, except that nothing is prevailed in it, hence, this suit is liable to be dismissed. Accordingly, point is answered.
14. Point No. ii :
To what relief?
In view of the finding at point No.1 this suit is liable to be dismissed.
In the result, this suit is dismissed but in the facts and circumstances of the case, both parties do bear their own costs.
Typed to my dictation by Stenographer Grade-II corrected and
pronounced by me in the open Court, on this the 28th day of April, 2026.
Sd/- T.Venkateswarlu
Civil Judge (Senior Division),
Dharmavaram
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For plaintiff:For defendants:
PW.1 : Chakali Raju - NIL -
PW.2 : Garladinne Shiva Prasad
DOCUMENTS MARKED
For plaintiff: Ex.A.1:Certified copy of registered sale deed executed by Chinna Kasappa and Alla Bakash in favour of Chakali Lakshmamma dated 20.03.1989.
Ex.A.2 : Un-registered Will executed by Chakali Lakshmamma in favour of plaintiff dated 21.03.2025.
O.S.22/2026 15 Civil Judge’s Court (Senior Division)
Dharmavaram
Ex.A.3 : Encumbrance Certificate issued by Government of Andhra Pradesh, Registration and Stamps Department dated 18.02.2026.
Ex.A.4 : Death certificate of Chakali Lakshmamma dated 27.03.2025, issued by Government of Andhra Pradesh through Registrar (birth and death, Grampanchayat, Bhanukota village) dated 30.01.2026.
Ex.A.5 : Valuation certificate issued by Sub-Registrar, C.K. Palli for item No.1 of plaint schedule property dated 18.02.2026.
Ex.A.6 : Valuation certificate issued by Sub-Registrar, C.K. Palli for item No.2 of plaint schedule property dated 18.02.2026.
For defendants: - NIL -
Id/- T.V.L. C.J(SD), Dharmavaram