- (1.) LEAVE granted.
(2.) THE appellants herein are the unsuccessful defendants in o. S. No. 9 of 1993 on the file of the trial Court as well as the High Court. The LRs of the deceased parties as well as the purchasers and third parties who were not parties before the trial court and the High Court also filed appeals. The respective claim/stand of the parties is being explained hereunder. In order to understand their claim, entitlement etc. , let us refer to the geneology table of the family of N. Saya Goud. One Shri N. Saya Goud had a wife by name, smt. Chandramma and two sons, namely, balarajiah Goud and Sathaiah Goud. Balarajiah Goud had two wives, Pentamma (first wife) and Kausalya (second wife), five sons and three daughters through his first wife and the second wife was issueless, Sathaiah goud had a wife, Sulochana and six sons. On 2. 1. 1956, Shri Saya Goud executed a Will under which he mentioned that the lands bearing Survey Nos. 284, 285, 290, 292 and 293 admeasuring 19 acres and 15 guntas situated in Lothukanta, Alwal, Ranga Reddy district were in his protected tenancy and that the other movable properties mentioned therein, were acquired by himself and his wife chandramma and bequeathed all the movable and immovable properties jointly held by him and his wife in favour of his wife, Smt. Chandramma and his eldest daughter-in-law pentamma. The beneficiaries of the Will were to enjoy the properties jointly. Smt. Chandramma was given life time interest under the said will. Sathaiah Goud, second son of Shri Saya Goud, was an attestator of the Will dated 2. 1. 1956 executed by his father. After the demise of Shri Saya Goud, the pattadars of the Land for which shri Saya Goud acquired the right of protected tenancy had transferred their pattadars right and interest in favour of Smt. Chandramma and Smt. Pentamma jointly as the heirs of Shri Saya goud upon payment of the required consideration in respect of the land of an extent of 19 acres 15 guntas and consequently the Deputy District Collector passed an award dated 17. 4. 1956 in favour of Smt. Chandramma and Smt. Pentamma as per his award No. T/85/1954. Thereafter in 1959, smt. Chandramma and Smt. Pentamma jointly purchased an extent of 1 acre 30 guntas of land, therefore, their joint holding had risen to 21 acres 05 guntas. On 6. 3. 1969, one registered Settlement Deed was executed by smt. Chandramma transferring an extent of 2982 sq. yards of land from the joint holding in favour of Smt. Sulochana and one registered Release Deed transferring her undivided share in favour of Pentamma. On the same day, Smt. Sulochana executed a registered Disclaimer Deed claiming any right over the property that is vested with Smt. Pentamma and Smt. Chandramma. In the year 1970, the second son of Shri Balarajiah goud and Smt. Pentamma pledged the documents concerning the houses and the land in an extent of 21 acres with Andhra Bank and obtained loan for business purposes. In failure of payment of outstanding dues of the loan amount, the Andhra Bank filed O. S. No. 403 of 1976 for recovery of the amount and thereby obtained a decree in the year 1977 wherein both the registered Release Deed executed on 6. 3. 1969 and the Will of Shri saya Goud dated 2. 1. 1956 were marked as exhibits. In the year 1977, eldest son of Smt. Pentamma, Shri N. Srihari, filed a suit for partition against the other defendants/ petitioners herein and Smt. Chandramma. In the year 1981, the suit for partition was compromised. Shri Balarajiah Goud expired on 24. 5. 1981. After the demise of Smt. Chandramma, i. e. on 23. 4. 1984, the sons of Shri Sathaiah Goud claimed the entire share of Smt. Chandramma through a Will dated 28. 9. 1979 purported to have been executed in their favour which is supposed to have been found in a box. They filed O. S. No. 456 of 1984 on the file of the principal Sub-Judge, Ranga Reddy District. In the year 1993, the said suit was transferred to the District Judge, Ranga Reddy District and renumbered as O. S. No. 9 of 1993. By judgment and decree dated 8. 9. 1993, the district Judge allowed the suit in favour of the plaintiffs/respondents herein and passed a decree in their favour. Aggrieved by the judgment and decree passed by the learned district Judge, the defendants/appellants herein preferred an appeal bearing No. 78 of 1994 and CMP No. 17581 of 2001 before the high Court of Judicature Andhra Pradesh at hyderabad. By the impugned judgment dated 17. 2. 2005, the learned single Judge of the high Court dismissed the appeal and ordered the Civil Miscellaneous Petition.
(3.) AGGRIEVED by the judgment in A. S. No. 78 of 1994, N. Srihari (since deceased), N. Laxminarayana and N. Dayanand (defendant nos. 2, 5 and 6) filed SLP (C) No. 17808 of 2005. The very same parties aggrieved by the decision in CMP No. 17581 of 2001 preferred slp (C) No. 17809 of 2005. While ordering notice in the above SLPs, this Court passed an interim order to the effect that "final decree proceedings may go on, but the final decree as such shall not be signed unless permitted by this Court". Based on the said interim order, when the final decree proceedings were in progress Ms. N. Anuradha, N. Saivenkataramana and B. Sai Nagraj, defendant Nos. 18-20 filed I. A. No. 2017 of 2006 under Section 151 CPC and requested the trial Court Hot to proceed with the enquiry in relation to the suit schedule property on the ground that the "occupancy Rights certificate" was issued in favour of the first defendant in respect of the entire suit schedule property and that the land covered by the provisions of Andhra Pradesh (Telangana) Area Abolition of Enams Act, 1955 cannot constitute the subject-matter of a partition suit. The trial Court dismissed the application by order dated 13. 07. 2006. Questioning the said order, the petitioners filed crp No. 3726 of 2006 before the High Court. By order dated 30. 08. 2006, [earned Single judge of the High Court confirming the order of the trial Court dismissed the revision. Against that order of the High Court, the petitioners therein (defendant Nos. 18-20)filed SLP (C) No. 18481 of 2007. Against the judgment dated 17. 02. 2005 in a. S. No. 72 of 1994 and CMP No. 17581 of 2001 Mr. Sai Venkataramana, Ms. N. Anuradha and B. Sai Nagraj (appellant Nos. 7, 6 and 8 in the High Court) preferred SLP (C) Nos. 24682 and 24683 of 2005.;