A.S.M.P. Nos. 1476 of 2008 and 799 and 2040 of 2009 in A.S. No. 284 of 2006. Case: Singuluri Krishna Murthy and Anr. Vs Singaluri Damodararao and Ors.. High Court of Andhra Pradesh (India)
| Case Number | A.S.M.P. Nos. 1476 of 2008 and 799 and 2040 of 2009 in A.S. No. 284 of 2006 |
| Counsel | For Appellant: Naram Nageswara Rao, Adv., K. Chidambaram, Adv. and I. Maamu Vani, Adv. and For Respondents: Naram Nageswara Rao and I. Maamu Vani, Advs. and K. Chidambaram, Adv. |
| Judges | B. Seshasayana Reddy, J. |
| Issue | Civil Procedure Code (CPC), 1908 - Section 151 - Order 39, Rules 1 and 2 |
| Citation | 2010 (3) ALT 777 |
| Judgement Date | December 07, 2009 |
| Court | High Court of Andhra Pradesh (India) |
Order:
B. Seshasayana Reddy, J., (At Hyderabad)
1. A.S.M.P. Nos. 1476 of 2008 and 799 of 2009 are filed by R-1 and R-2 and whereas A.S.M.P. No. 2040 of 2009 is filed by the appellants in A.S. No. 284 of 2006. Reliefs sought for in the petitions are:
A.S.M.P. No. 1476 of 2008: "It is therefore prayed that the Honourable Court may be pleased to permit the petitioners to convert the aged Mango garden in item Nos. 1 and 2 of plaint schedule properties as cultivable land by removing the aged mango trees in part of the lands R.S. Nos. 140/1,141 situated at Darbhagudem village of Jeelugumilli Mandal and to pass such other order in the interest of justice".
A.S.M.P. No. 2040 of 2009: "For all the reasons stated in the accompanying affidavit, it is prayed that this Honourable Court may be pleased to direct the respondents not to cut and remove the existing mango trees and not to change the physical features of the suit schedule property in O.S. No. 23 of 2001 on the file of the Court of the Principal District Judge, West Godavari District. Eluru pending disposal of the above appeal and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case".
A.S.M.P. No. 799 of 2009: "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Honourable Court may be pleased to grant an interim injunction restraining the respondents, their men and agents from interfering with the peaceful possession and enjoyment of the suit schedule property, including the right to harvest and sell the produce and timber yielded from the suit schedule property more particularly described in the schedule and pass such other order or orders as this Honourable Court may deem fit in the circumstances of the case."
2. Back ground facts, in a nutshell, leading to filing of these applications by the parties in A.S. No. 284 of 2006 are:
Singaluri Damadararao, Singaluri Venkata Madhusudhanarao and Singaluri Lakshmi Prasad filed O.S. No. 23 of 2001 on the file of Principal District Judge, Eluru against Singaluri Krishna Murthy, Singaluri Surya Chandra Rao and Singaluri Pradha Saradhi for partition and separate possession of their 1/3rd share each in the suit schedule properties. Plaintiff Nos. 1 to 3 and D-3 are brothers and they are sons of Satyanarayana. D-1, D-2 and Satyanarayana are brothers and they are sons of Late Venkataramayya and Ramanamma. The three sons of S. Venkataramayya partitioned the joint family properties under a registered partition deed dated 28-11-1957. According to the plaintiffs, the suit schedule property fell to the share of...
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