THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA C.M.A. NO :401 of 2010 Dated: 20.7.2010 Between: 1. Babaiahgari Kamakshmamma and others. ..... APPELLANTS AND B.V. Ramanappa .....RESPONDENT The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA C.M.A NO : 401 of 2010 JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) Aggrieved by order, dated 12.4.2010 passed in I.A.No.198 of 2009 in O.S.No.26 of 2009 by the Additional District Judge, Hindupur, the present appeal has been preferred. The appellants herein are the defendants and the respondent is the plaintiff before the Court below. For the sake of convenience, the status of the parties will hereinafter be referred to as arrayed in the suit. Originally, the plaintiff filed the above suit seeking to declare his title over the plaint schedule properties and consequently, to grant perpetual injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the plaint schedule properties. The plaintiff also filed I.A.No.198 of 2009 under Order 39 Rules 1 and 2 CPC, in the above suit seeking to grant temporary injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the schedule properties. The Court below found that one Papamma was the absolute owner of the property in question having obtained the same under compromise decree in O.S.No.208 of 1944 on the file of the District Munsif Court, Penukonda, and that the earlier suit filed by the defendants in O.S.No.16 of 1994 on the file of the Senior Civil Judge, Penukonda for declaration of title and consequential permanent injunction was dismissed to the extent of the properties that were allotted to Papamma under compromise decree in O.S.No.208 of 1944 and the appeal preferred by the defendants was also dismissed and that the plaintiff purchased the property from the said Papamma under Ex.A3 sale deed for valid consideration and that Exs.A1 to A5 clearly disclose that the competent civil Courts declared the right, possession and title of Papamma, and in turn, the said Papamma sold the property in question to the plaintiff. While observing so, the Court below allowed the above application. Hence, the present appeal has been preferred by the defendants. Heard the learned Counsel and perused the material available on record. It is the case of the respondent-plaintiff that by virtue of compromise decree between one Papamma and her brother-in-law in O.S.No.208 of 1944 on the file of the District Munsif, Penukonda, the schedule properties and other properties were allotted to the said Papamma and she was in exclusive possession and enjoyment of the same and the plaintiff purchased the property in question from the said Papamma under a registered sale deed covered under Ex.A3 and since then, the plaintiff became the absolute owner of the property in question and the plaintiff was also granted pattadar pass books. On the other hand, it is the case of the defendants that though Papamma was allotted properties under compromise decree, she was never in possession of the same and they raised houses and planted fruit bearing trees in the property and neither the plaintiff nor his vendor was in possession and enjoyment of the property in question. The material on record goes to show that the compromise decree passed in O.S.No.208 of 1944 had attained its finality and the same is in force. Even according to both the Counsel, the compromise decree is in force. Therefore, it can be said that there is a prima facie case in favour of the plaintiff. In the above circumstances, we have no hesitation to hold that the order impugned herein needs no interference by this Court. Accordingly, the CMA is dismissed. No order as to costs. Status quo order granted on 12.5.2010 shall stand vacated. However, the Court below is directed to dispose of the suit, as expeditiously as possible. __________________________ Justice T. Meena Kumari ____________________________ Justice Gopala Krishna Tamada Date: 20th July, 2010 nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA C.M.A. NO : 401 of 2010 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 20/07/2010