THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3777 OF 2010 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the judgment, dated 19.07.2010, in C.M.A.No.15 of 2009, on the file of the Motor Accident Claims Tribunal - cum – Additional District Judge, Family Court, Khammam, whereunder and whereby, the appeal, filed under Section 104 and Order XLIII Rule 1 of the Code of Civil Procedure, 1908, by the petitioners herein/defendant Nos.2 to 5 against the order, dated 05.05.2009, in I.A.No.689 of 2008 in O.S.No.575 of 2008, on the file of the Principal Junior Civil Judge, Khammam, was dismissed. 2. The brief facts are, the petitioners herein are defendant Nos.2 to 5, respondent No.2 herein is defendant No.1 and respondent No.1 herein is the plaintiff in the Original Suit. Respondent No.1 herein is the grand son of respondent No.2 herein. Petitioner No.1 herein is the daughter of respondent No.2. Petitioner No.2 is the husband of petitioner No.1. Petitioner Nos.3 and 4 are the children of petitioner Nos.1 and 2. Father of respondent No.1 herein is the second son of respondent No.2 herein. Mother of respondent No.1 herein married second son of respondent No.2 herein in the year 1994. Due to disputes in their marital life, in the year 1996, the elders decided to divide joint family property of respondent No.2. Accordingly, respondent No.1 herein was allotted with the suit schedule property under Ex.A-1 – Gift Settlement Deed and his mother was appointed as guardian to him. From that date, respondent No.1 herein, along with his mother, was in possession of the suit schedule property by establishing electrical shop and fertilizer shop. Respondent No.2 herein with collusion of father of respondent No.1 herein, intentionally, executed a gift cancellation deed before the Sub-Registrar, Kusumanchi, and filed O.S.No.143 of 2004 before the Senior Civil Judge, Khammam, against respondent No.1 herein and his mother. Respondent No.2 herein with active collusion of the petitioners herein executed gift deed in favour of petitioner Nos.3 and 4 herein with regard to the suit schedule property and other properties, though respondent No.1 herein is in peaceful possession and enjoyment of the suit schedule property. Respondent No.2 having no right whatsoever over the suit schedule property, executed a gift deed in favour of petitioner Nos.3 and 4 herein. On 13.10.2008, petitioners herein entered into the suit schedule property and tried to dispossess respondent No.1 herein and his mother from the suit schedule property, which was reported by the mother of respondent No.1 herein to the Police, Kusumanchi. Hence, the Original Suit was filed by respondent No.1 herein, represented by his mother, for perpetual injunction against the petitioners and respondent No.2 herein. 3. Heard both sides. 4. Learned counsel for the petitioners herein did not dispute about the right title and interest of the minor viz., respondent No.1 herein, in respect of the house bearing No.4-99/2 to an extent of 108.33 Square Yards, R.C.C. Building, situated at Kusumanchi Village and Mandal, Khammam District, with the following boundaries: “East : The house of Smt. Radhamma bearing No.4-99 West : Joint wall and house of B. Nageswara Rao bearing No.4-99/1 North : 100 feet R & B Road from Khammam to Suryapet South : 15 feet galli” The self same boundaries have been specified in Ex.P-1, which is the Gift Settlement Deed said to have been executed by respondent No.2 herein in favour of respondent No.1 herein. Prima facie respondent No.1 herein has got title to the property. In view of the same, it is made clear that the temporary injunction granted by the trial Court as confirmed by the appellate Court is in respect of the suit schedule property described above. There are no grounds to interfere with the concurrent finding of both the Courts below. 5. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. _______________ K.C. BHANU, J October 08, 2010 Note: Issue C.C. in three days. B/O.MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3777 OF 2010 Between: Immadisetti Radhabhai and others .....PETITIONERS AND Bonagiri Sai Rohith and another ....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3777 OF 2010 October 08, 2010