Pothuraju Sreenivasulu, vs Pothuraju Gangamma Died
2024 Latest Caselaw 9670 AP

Andhra Pradesh High Court - Amravati

Pothuraju Sreenivasulu, vs Pothuraju Gangamma Died on 25 October, 2024

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         HIGH COURT OF ANDHRA PRADESH :: AMARAVATHI                                   21
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                     MAIN CASE No: A.S.No.551 of 2024
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                            PROCEEDING SHEET                                          89
Sl.                                                                                   16
                                                                                  OFFICE
      DATE                                ORDER                                       54
No.                                                                                NOTE
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01. 25.10.2024 TMR, J                                                                 25
                                    I.A.No.1 of 2024                                  41
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                    This interlocutory application is filed to grant injunction       98
              restraining the respondents from alienating, creating charge            74

or altering nature of the petition schedule property/plaint 32

schedule property i.e., Nellore District Registration-Nellore

Sub Registration-Nellore Corporation Limits- Vacant site of 01 30 ankanams in plot No.54 and 3 ankanams of thatched 42

house-comprised in S.No.2058/3, situated in Municipal Ward

No.25/11, East: Canal, South: Vacant site belonging to 52 Pothuraju Chinna Gangaiah (Now belongs to plaintiff and 41

Obili Padmavathi), West: Road, North: Site of Choutagiri

Gangaiah @ Buddaiah (Now house and site of Choutagiri 43 Gangaiah @ Buddaiah) in O.S.No.100 of 2016 on the file of I 16

Additional District Judge, Nellore.

Heard learned counsel for the petitioner/appellant. 25 Learned counsel for the petitioner/appellant submits 91 that he filed suit for declaration of title and for possession 04

based on the registered settlement deed executed by the 53 defendants/respondents. The trial Court erroneously has 24 given a finding that the suit is barred by limitation. On perusal 71

of the trial Court judgment and from the cross-examination of

PW1 it is clear that from the month of August, 2012, the 13 defendants have occupied property was under any 45

circumstances suit is barred by limitation. As seen from the record that the suit is filed in the year 2016.

Learned counsel for the petitioner/appellant contends that as it is a suit for declaration of title and plaintiff also claimed recovery of possession basing upon the title limitation would be twelve (12) years in terms of the article 65 of the schedule to Limitation Act. Learned counsel for the petitioner/appellant also contends that by taking advantage of judgment of the trial Court, the respondents/defendants went on changing the property and they are ready to alienate the property.

Considering the submissions made and on perusal of the trial Court judgment and considering the foreseen submissions of learned counsel for the petitioner/appellant, this Court is inclined to pass the following order:

Both parties are directed to maintain status-quo with regard to the property without alienating or creating charge or altering nature of the petition schedule property.

________ TMR, J

List the matter after three weeks.

________ TMR, J Note:

Issue C.C. by 26.10.2024 B/o MKK