Pragallapati Veerabhadra Rao v. Buddiga Janardhana @ Janardhana Rao

...Petitioners/Plaintiffs in both petitions AND

1. Buddiga Janardhana @ Janardhana Rao, S/o Late Kondayya, Age. 56 yrs, R/o D. No. 3-150, Punyakshetram, H/o. Bhupalapatnam, Rajanagaram Mandal, East Godavari District.

2. Buddiga Veera Babu„ S/o Janardhana @ Janardhana Rao, Age. 35 yrs, R/o D. No. 3-150, Punyakshetram, H/o. Bhupalapatnam, Rajanagaram Mandal, East Godavari District

3. Eliganti Sridevi„ W/o E. Vaddikasulu, Age. 36 yrs, R/o D. No. 1-167, Chidipi Village, Kovvur Mandal, West Godavari District.

4. Karinki Durga Rao„ S/o Surayya, Age. 35 yrs, R/o D. No. 2-83/9, Water Tank Street, Vasanthavada, Atreyapuram Mandal, Konaseema District. ...Respondents/Defendants in both petitions IA. No. 1 of 2022 in CRP. No. 2706 of 2022: petition under 151 of CPC., praying that in the circumstances stated in the memo of grounds filed in CRP, the High Court may be pleased to stay of all further proceedings in O S No 786/2014 on the file of I Additional Senior Civil Judges Court, Rajamahendravarm. Counsel for the Petitioners in both petitions: SRI. T V S PRABHAKARA RAO Counsel for the Respondents: The Court made the following ORDER: HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION Nos.2705 and 2706 of 2022 Between: Pragallapati Veerabhadra Rao, s/o Veera years, D.No.13-86, Venkata Ratnam, 62 Hukumpet, Rural Mandal, East Godavari District and another. Raj amahendravaram Petitioners/Plaintiffs in two CRPs. Versus Buddiga Janardhana @ Janardhana Rao, S / o late Kondayya, age 56 years, R/o D.No.3-150, H/o Punyakshetram, Bhupalapatnam, Rajanagaram Mandal, East Godavari District and three others. Respondents/Defendants in two CRPs. Counsel for the petitioners : Sri T.V.S.Prabhakar Rao Counsel for respondents COMMON ORDER Plaintiff in the suit filed above revisions aggrieved by the order dated 21.11.2022 in I.A.No.713 of 2022 in

0. S. No.786 of 2014 and docket order dated 21.11.2022 in I.A.No.712 of 2022 in 0.S.No.786 of 2014 on the file of I Additional Senior Civil Judge, Rajamahendravaram. 2

2. Plaintiffs filed suit O.S.No.786 of 2014 seeking declaration that registered sale deed dated 30.09.20 14 bearing No.6701 of 2014 of SRO, Rajanagaram executed by defendants 1 to 3 in favour of 4th defendant for an extent of Ac.0.611/2 cents of land in R.S.No.113 of G.Yerrampalem village of Rajanagaram Mandal is void and for consequential injunction.

3. When the matter is coming up for arguments, I.A.No.713 of 2022 was filed under Order XVI Rule 7 and Section 151 of CPC to issue summons to the Tahsildar, Rajanagaram to produce pattadar passbook, title deed pass book bearing No.587639 for R.S.No.115/ 1 etc. and also filed I.A. No.712 of 2022 under Section 151 of CPC to reopen the petitioners' side evidence.

4. In the affidavit filed in support of the petitions, it was contended interalia that plaintiffs purchased the property from defendants 1 to 3 and their blood relatives under a registered sale deeds in the year 2000 and 2001. After purchase of property by plaintiffs, defendants 1 to 3 created fake documents in 2014 in the name of 4th defendant. After 3 filing of suit, 1St defendant influenced his sister and got filed suit O.S.No.17 of 2015 for partition of schedule property. 1st Plaintiff was examined as P.W. 1 and Exs.A-1 to A-13 were marked. He also examined P.Ws.2 and 3. 1St Defendant examined himself as D.W.1 and got marked Exs.B-1 to B-4. 4th defendant examined himself as D.W.2 and in his cross examination Exs.A-14 to A-19 were marked. Since the documents were created subsequent to Exs.A-4, A-5 and A-8 and subsequent alienations are made in favour of several persons, the present application is filed to summon the Tahsildar for the reliefs stated supra.

5. Counters were filed by respondent opposing the applications.

6. By separate order dated 21.11.2022, the Court below dismissed the applications. Aggrieved by the same, the above revisions are filed.

7. Sri T.V.S.Prabhakar Rao, learned counsel petitioners would submit that since the suit is filed for declaration, the plaintiffs have to prove their case. He would also submit that if the Tahsildar produced the documents 4 before the Court, it will clinch the issue regarding issuance of pattadar pass book and title deed in favour of 4th defendant, but the Court below without considering all these aspects, dismissed the applications and prayed to allow the revisions.

8. Exs.B-1 and B-2, pattadar pass book and title deed book filed along with written statement. The witness was cross examined about Exs.B-1 and B-2 elaborately in 2015 itself. The evidence on behalf of plaintiffs and defendants is completed and the matter is coming up for arguments. Plaintiffs having pleaded fabrication of Exs.B-1 and B-2 cross examined the witnesses. When the suit is coming up for arguments, filed these applications at this stage, as observed by the Court below, in the considered opinion of this Court is to procrastinate the proceedings. In fact, the Court below considered all these aspects in proper perspective and dismissed the applications. Hence, the orders of the Court below do not suffer from any illegality warranting interference of this Court.

9. The scope of revision under Article 227 of Constitution of India was considered by Hon'ble Apex Court 5 in Surya Dev Rai vs. Ram Chander Rai and Ors.'. The order of the lower is neither perverse nor amounts to failure to exercise jurisdiction vested with it. Hence, the orders of the Court below dismissing the petitions do not call for interference of this Court under Article 227 of Constitution of India.

10. Accordingly, both the Civil Revision Petitions are dismissed at the admission stage. No order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed. //TRUE COPY// SDI- M. PRABHAKAR RAO ASSISTANT REGISTRAR SECTION OFFICER To,

1. The I Additional Senior Civil Judges Court, Rajamahendravaram, E.G. District

2. One CC to SRI. T V S PRABHAKARA RAO Advocate [OPUC] 3. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi.

4. Three CD Copies SKM Al t1L. HIGH COURT DATED :21/12/2022 ORDER Q~_t~~flr-ar'w J ~ 0 2 NOV 2023 *,Current Section ~y O? CRP.Nos.2705 & 2706 of 2022 DISMISSING THE CRP WITHOUT COSTS C- mop; p~k