Andhra Pradesh High Court - Amravati
Mullapudi Satyanarayana vs Bobba Dharma Mohana Rao on 9 July, 2021
1
HIGH COURT OF ANDHRA PRADESH : AMARAVATI
MAIN CASE: W.A.No.360 of 2021
PROCEEDINGS SHEET
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2. 09.07.2021 (Taken up through video conferencing)
Heard Mr.C.Venkaiah, learned counsel for the
appellants.
Also heard Mr.S.Syam Sunder Rao, learned counsel
for respondent Nos.1 & 2/writ petitioners and
Mr. P.Subash, learned Government Pleader for Revenue
appearing for respondent Nos.3 to 5.
I.A.No.1 of 2021
This is an application for dispensing with filing of
certified copy of the order in W.P.No.23729/2020 dated
14.12.2020.
Dispensed with for the present.
I.A.No.1 of 2021 stands disposed of.
I.A.No.2 of 2021
This is an application seeking leave to file appeal
against the order dated 14.12.2020 passed in
W.P.No.23729 of 2020.
The writ petition was filed with a prayer to direct
the respondents to enter the names of the petitioners in
online records and to issue pattadar passbook and title
deed with regard to the property in R.S.No.35/2 to an
extent of Ac.4.81 cents, in R.S.No.40/1B to an extent of
Ac.1/45 cents, in R.S.No.33/1 to an extent of Ac.2-15
cents, in R.S.No.40/1 to an extent of Ac.1.12 cents, thus
totalling to an extent of Ac.9.53 cents situated in
Ramannagudem village, Dwaraka Tirumala Mandal, West
Godavari District, and the learned single Judge by the
impugned order directed the respondents to consider the
applications submitted by the writ petitioners under Form
6A dated 20.08.2020, as per the provisions of the Andhra
Pradesh Rights in Land and Pattadar Passbooks Act 1971
(for short "ROR Act, 1971"), after issuing notices to the
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concerned persons and pass appropriate orders within 04
(four) weeks from the date of receipt of application.
In the paragraph Nos.3, 4, 5 and 7 of I.A.No.2 of
2021, it is stated as follows:
"3. I humbly submit that myself and 2nd
appellant Sri Yalamarti Venkata Krishna Rao filed
the suit in O.S.No.47/1985 against unofficial
respondents 1 and 2 and one Smt. Bobba
Ammanna (died) for specific performance of
agreement of sale dt:16.10.1983 executed by Sri
Bobba Venkateswara Rao who is father of
respondent No.1 and for incidental reliefs on the file
of Principal Senior Civil Judge's Court, Eluru, W.G.
District, in respect of an extent of Ac.4.83 ½ cents
situated in R.S.No.35 and subdivided R.S.No.35/2
of Ramannagudem village, Dwaraka Tirumala
Mandal, W.G.Dist. The Hon'ble Court passed decree
and judgment dt:17.12.2015 on merits in the above
suit in favour of the appellants allowing the same.
4. I humbly submit that on the other hand the
heirs of one Bonthu Satyanarayana namely Bonthu
Krishnamma (died) and Bonthu Krishna Kumari and
myself filed O.S.No.48/1985 on the file of the
Principal Senior Civil Judge's Court, Eluru against
respondents 1 and 2 and others for the relief of
specific performance of agreement of sale
dt:16.10.1983 by way of directing them to execute
a registered sale deed with incidental reliefs. The
Hon'ble Court decreed the suit also on 17.12.2015
on merits in respect of schedule property there in
i.e., Ac.4.92 cents situated in R.S.No.40/1
subdivided R.S.No.40/1b and 33 and subdivided
R.S.No.33/1 of Ramannagudem village, Dwaraka
Tirumala Mandal, W.G.Dist.
5. I humbly submit that one Somagani Kranthi
Kumar and another also filed a suit in
O.S.No.40/2018 against me and my brothers for
permanent injunction from interfering with schedule
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mentioned property therein i.e., the properties
covered under specific performance suits at the
instance of respondents 1 and 2 and others on the
pretext that they are G.P.A. holders of respondents
1 and 2 and others. Myself and my brothers
contested the suit and the Hon'ble Principal Senior
Civil Judge's Court, Eluru pleased to dismiss the suit
in O.S.No.40/2018 by the decree and judgment
dt:15.02.2019 observing in para 13 of the judgment
that we are in exclusive possession and enjoyment
of schedule property therein since 1983 i.e., since
the dates of agreement of sales. However no
appeal is filed by the plaintiffs therein against the
said decree and it became final.
7. I humbly submit that aggrieved by the said
decrees in O.S.No.47/1985 and 48/1985 the
respondents 1 and 2 and others filed appeals in
Appeals Nos.08/2016 and 09/2016 on the file of the
VII Additional District Judge cum Family Court
Judge, West Godavari, Eluru and the same are
pending."
A perusal of the aforesaid paragraphs would go to
show that in respect of the survey numbers as mentioned
in the writ petition, there are civil litigations involving the
present appellants. There was no averment in the writ
petition with regard to the aforesaid factual matrix.
In that view of the matter, we are of the
considered opinion that leave to appeal ought to be
granted. Accordingly, leave is granted.
I.A. No.2 of 2021 is allowed and disposed of.
W.A.No.360 of 2021
Heard learned counsel appearing for the parties.
Issue notice before admission, returnable in 6 (six)
weeks.
No formal steps are called for as the respondents
are duly represented. However, extra copies be furnished.
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I.A.No.3 of 2021
This is an application for grant of stay of the
impugned order dated 14.12.2020 passed in
W.P.No.23729 of 2020.
Mr. S.Syam Sunder Rao prays for time to file
counter-affidavit.
Prayer is allowed.
List after 6 (six) weeks.
Until further orders, there shall be interim
suspension of the order dated 14.12.2020 passed in
W.P.No.23729 of 2020.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J
GM
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