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2021 DAILYLAW 884 (AP)

CHINTAKULA BHASKARA RAO v. SATHI VINOD KUMAR REDDY

CRP/1267/2021 · 2026-04-06

Harinath N

body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HN, J C.R.P.No.1267_2021 APHC010451122021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 1267/2021 Between: 1. CHINTAKULA BHASKARA RAO, S/O.LATE RAJULU, AGE 76 YEARS, CULTIVATION, R/O.D.NO.5-99, SANTOSH NAGAR, VAKALAPUDI, KAKINADA RURAL MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. SATHI VINOD KUMAR REDDY, S/O.ANJANEYA REDDY, AGED 34 YEARS, R/O.2-1-13, ALCOT GARDENS, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 2. KUSUMANCHI UMAMAHESWARA RAO DIED AS PER LRS RR6TO10, S/O.SUBRAHMANYAM, AGED 74 YEARS, R/O.D.NO.3- 580, STREET NO.8, RAMAKRISHNA NAGAR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 3. KUSUMANCHI SEETAYAMMA, W/O.LATE K.SUBRAHMANYAM, AGED 85 YEARS, R/O.3-11, SARABHAVARAM VILLAGE. PRATHIPADU MANDAL, EAST GODAVARI DISTRICT. 4. CHINTAKULA VEERARAGHAVAMMA, W/O.VIJAYA RAGHAVA RAO, AGED 70 YEARS, R/O.D.NO.3-26, PEDDIPALEM, PRATHIPADU MANDAL, EAST GODAVARI DISTRICT. 5. CHINTAKULA PRAVEEN, S/O.VIJAYARAGHAVA RAO, AGED 41 YEARS, R/O.D.NO.3-26, PEDDIPALEM, PRATHIPADU MANDAL, EAST GODAVARI DISTRICT. 6. KUSUMANCHI SATYAVANI, W/O. LATE UMAMAHESWARA RAO, R/O. D. NO 3-372/2, RAMAKRISHNA NAGAR, STREET NO.8, RAJAMAHENDRAVARAM, HUKUMPETA, EAST GODAVARI DISTRICT -533107. 7. MADHIRA SATYA LAKSHMI PRASANNA, D/O. LATE UMAMAHESWARA RAO, R/O. D. NO 3-372/2, RAMAKRISHNA NAGAR, STREET NO.8, RAJAMAHENDRAVARAM, HUKUMPETA, EAST GODAVARI DISTRICT -533107. 8. KAVI MADHAVI ANNAPURNA, D/O.LATE UMAMAHESWARA RAO, 2 HN, J C.R.P.No.1267_2021 R/O. D. NO 3-372/2, RAMAKRISHNA NAGAR, STREET NO.8, RAJAMAHENDRAVARAM, HUKUMPETA, EAST GODAVARI DISTRICT -533107. 9. MERALLA NAGA SATYA SAI PRASNATHI, D/O. LATE UMAMAHESWARA RAO, R/O. D. NO 3-372/2, RAMAKRISHNA NAGAR, STREET NO.8, RAJAMAHENDRAVARAM, HUKUMPETA, EAST GODAVARI DISTRICT -533107. 10. VIPPARTHI VARDHANI, D/O. LATE UMAMAHESWARA RAO, R/O. D. NO 3-372/2, RAMAKRISHNA NAGAR, STREET NO.8, RAJAMAHENDRAVARAM, HUKUMPETA, EAST GODAVARI DISTRICT -533107 ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toaggrieved against the Order passed by the Court of the VII Additional District Judge, Peddapuram, East Godavari District in C.M.A.No.3 of 2021, dt.17.09.2020 dismissing the CMA and confirming the order of injunction granted in I.A.No.224 of 2020 in O.S.No.22 of 2020 by the Court of Senior Civil Judge, Peddapuram, dt.10.02.2021, IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order of injunction granted against the petitioner/appellant in I.A.No.224 of 2020 in O.S.No.22 of 2020, dt.10.02.2021 on the file of the Court of the Senior Civil Judge, Peddapuram, East Godavari District in respect of the petition schedule property, pending disposal of the Civil Revision Petition, and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to bring the proposed respondents 6 to 10 as Legal Representatives of the deceased 2nd respondent on record as respondents 6 to 10 in CRP No.1267 of 2021 and to pass Counsel for the Petitioner: 1. UDAYA BHASKARA RAO PECHETTI Counsel for the Respondent(S): 1. V V RAVI PRASAD 2. E V V S RAVI KUMAR 3 HN, J C.R.P.No.1267_2021 ORDER: 1. The present Civil Revision Petition is filed, aggrieved by the order passed in C.M.A.No.3 of 2021, which was filed by the petitioner against the order passed in I.A.No.224 of 2020 in O.S.No.22 of 2020. The suit for injunction was filed, and the learned trial Court had initially granted an ex parte injunction in I.A.No.224 of 2020. Thereafter, the injunction was made absolute vide order dated 10.02.2021. Aggrieved by the same, the petitioner filed C.M.A.No.3 of 2021, which was dismissed by the learned VII Additional District Judge, Peddapuram on 17.09.2020. 2. The learned counsel for the petitioner submits that the petitioner is the 1st defendant in the suit and is aged about 81 years. The grounds raised before this Court refer to various documents which, according to the petitioner, form the basis for determining his title. 3. On the contrary, the learned Senior Counsel appearing for the respondents submits that the respondents also possess various documents which would determine the title of the respondents as well. The question of possession and title of either the petitioner or the respondents has to be ascertained by the trial Court, and the matter is presently pending consideration before the I Senior Civil Judge, Peddapuram in O.S.No.22 of 2020. 4. Considering the submissions made by the learned counsel appearing for both parties, and also taking into account the age of the petitioner, this 4 HN, J C.R.P.No.1267_2021 Court is of the considered view that the ends of justice would be met if the suit in O.S.No.22 of 2020 is disposed off on merits as expeditiously as possible, preferably within a period of four (04) months from the date of receipt of a copy of this order. This Court is not inclined to go into the issue of title or possession of either party, and it is open to the trial Court to consider the same in accordance with law for deciding the suit for injunction on merits. 5. Accordingly, the present Civil Revision Petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:07.04.2026 NKA 5 HN, J C.R.P.No.1267_2021 20 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO:1267 of 2021 Date: 07.04.2026 NKA