The District Collector vs Vakatipudi Pydithalli And 6 ...
2022 Latest Caselaw 1795 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                      MAIN CASE NO.: S.A.No.337 of 2021
                               PROCEEDING SHEET

Sl.      Date                                  ORDER                                OFFICE
No.                                                                                  NOTE

13.   13.04.2022   SRS,J

                           This Appeal is filed by defendants against the
                   judgment and decree, dated 24.03.2006 passed in
                   A.S.No.6 of 2021 on the file of Court of District Judge,
                   Vizianagaram confirming the judgment and decree,
                   dated 14.11.2000 passed in O.S.No.304 of 1994 on
                   the file of learned Principal Junior Civil Judge,
                   Vizianagaram.
                           Respondent    Nos.1    to   7   herein    filed   suit

O.S.No.304 of 1994 against the appellants herein for injunction simplicitor stating that late Thamma Rao, father of respondent Nos.1, 2 and 4 to 7 and husband of respondent No.3, purchased the suit schedule property to an extent of Ac.15-00 cents situated in Vizianagaram-II bit, bearing old assessment No.14/1/A, 2 to 5 under registered sale deed, dated 19.09.1962 and since then late Thamma Rao and respondent Nos.1 to 7 have been in possession and enjoyment of the suit schedule property.

It was averred in the plaint that the defendants i.e appellants herein are trying to interfere with the possession of respondent Nos.1 to 7, to construct Government Polyethnic College and it was also published in Eenadu Telugu Daily Newspaper.

The appellants herein filed written statement and denied title of respondent Nos.1 to 7 and also contended that Civil Court had no jurisdiction to entertain the suit under The Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, and the Revenue Court alone is competent to decide the title dispute; that the application of respondent Nos.1 to 7 for issuance of pattedar passbook was rejected on 30.06.1993. Hence, prayed the Court to dismiss the suit.

As stated supra, the trial Court decreed the suit and the Lower Appellate Court dismissed the appeal preferred by the appellants herein. Heard.

Admit.

The following substantial questions of law arise for consideration:

1. Whether suit for injunction simplicitor is maintainable when the defendant disputed the

herein) in view of the judgment reported in Ananthula Sudhkar vs. P.Butchi Reddy (dead) by LRs and others 2008 (4) SCC 594?

2. Whether the earlier judgments marked as Exs.A2, A3 and A4 bind the appellants since the appellants are not parties to those judgments?

3. Whether Civil Court is having jurisdiction to entertain the suit.

Since the appeal is of the year, 2006, numbered in the year, 2021, list this appeal on 16.06.2022.

Registry is directed to call for record in O.S.No.304 of 1994 on the file of learned Principal Junior Civil Judge, Vizianagaram.

_________ SRS, J ikn