IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTEENTH DAY OF JUNE, TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE N.V.RAMANA AND THE HON'BLE SRI JUSTICE K.S. APPA RAO CIVIL MISC. APPEAL NO. 344 OF 2011 Between: Devulapalli Kumaraswamy and others ..... Appellants AND Devulapalli Ramaswamy and another .....Respondents The Court made the following: JUDGMENT: (per the Hon’ble Sri Justice N.V. Ramana) This Civil Miscellaneous Appeal assails the order, dated 01.02.2011, passed in I.A. No. 1292 of 2009 in O.S. No. 90 of 2009 by the learned II Addl. District Judge, Warangal, making the order dated 9.11.2009 granting status quo, absolute till disposal of the suit. The respondents herein, who are plaintiff in the above suit, filed the suit for partition and separate possession of their respective shares in the suit schedule properties. It is the case of the plaintiffs that the land in Sy. No. 245/1 to an extent of Ac. 7.07 guntas and the land in Sy. No. 255 to an extent of Ac. 2.16 guntas, situated at Thimmapur village of Hanamakonda Mandal, is the ancestral joint family property, originally owned by Devulapally Yellaiah, father of the first plaintiff and when the appellants herein, who are defendants in the suit, in collusion with others were trying to deprive legitimate rights of the plaintiffs, they filed the above suit and also sought for injunction restraining them from alienating the suit property. The case of the appellants – defendants is that the property is not joint family property. It is stated that Devulapally Yellaiah died in 1955 and subsequently his son D.Naraiah sold his share in the suit land to D. Komuraiah under simple sale deed and the first plaintiff sold his share of land to Smt. Kathija Bee, who later sold the same to D.Komuraiah and the patta was also mutated in his name and after his death the name of defendants is mentioned in the revenue records. It is also their case that there was an oral partition among the respondents as long back as in 2004 and they obtained patta pass books and title deeds and subsequently developed the land into plots and sold the same to several persons and the purchases are in possession thereof. The court below, by the order impugned in the appeal, made the order of status quo granted on 9.11.2009, absolute till disposal of the suit. Aggrieved thereby, the present Civil Miscellaneous Appeal is filed. The relationship inter se the parties is not in dispute. Though several contentions are sought to be raised by the learned counsel on either side, we are not inclined to delve on the same, inasmuch as the rights of the parties can effectively and conclusively be adjudged after the evidence, both oral and documentary, is adduced. It is also not in dispute that the property stood in the name of their common ancestor Mr. D.Yallaiah. It is case of the appellants herein that their names were mutated pursuant to the alienations of the shares of the respondents. The primary question whether the property was a joint family property or not can only be decided on the evidence that may be adduced during the course of trial and, as such, the court below by order dated 9.11.2009, directed the parties to maintain status quo and also made the same absolute by the order impugned herein, till disposal of the suit. Therefore, any finding at this stage without there being any evidence on record, may affect the rights of the parties. Therefore, without adverting to the various contentions raised by the counsel on either side, we are of the considered opinion that the interest of both the parties can well be safeguarded by directing them to maintain status quo with regard to the suit schedule property. In view of the nature of lis, the court below is directed to expedite disposal of the suit. The Civil Miscellaneous Appeal is accordingly disposed of. No order as to costs. _________________ Justice N.V. Ramana __________________ Justice K.S. Appa Rao June 13, 2011 MAS.