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2025 DAILYLAW 11268 (AP)

LOYA UMA MAHESWARI v. NAGABOYINA SUNEEL

CRP/386/2021 · 2025-07-23

T C D Sekhar

body2025

Judgment text

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APHC010129482021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 386/2021 Between: 1. LOYA UMA MAHESWARI, W/O L.VENKATA KRISHNA RAO, AGED ABOUT 63 YEARS, OCC. AGRICULTURE, R/O PLOT NO.209, SWARNA ARCADE, MAHATMA NAGAR, OLD BOINAPLLI, SECUNDERABAD, TELANGANA STATE. 2. DOKKU BABY SAROJINI,, W/O D.DHANUNJAYA RAO, AGED ABOUT 54 YEARS, OCC. AGRICULTURE, R/O D.NO.12- 203/5, CHRISTIAN PETA, NAVODAYA COLONY, TADEPALLI VILLAGE AND MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. NAGABOYINA SUNEEL, S/o.Kutumba Rao, Aged about 35 years, Occ. Agriculture, R/o. Karakampadu Village, Movva Mandal, Krishna District. ...RESPONDENT 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 to the Order and Decretal order dated 09.02.2021 in CMA.No.3 of 2021 on the file of Additional Senior Civil Judge, Machilipatnam, FAC. Senior Civil Judge, Avanigadda. 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 grant stay the operation of the Order and Decretal order dated 09.02.2021 in CMA.No.3 of 2021 on the file of Additional Senior Civil Judge, Machilipatnam, FAC. Senior Civil Judge, Avanigadda. Counsel for the Petitioner(S): 1. M R K CHAKRAVARTHY Counsel for the Respondent: 1. PENUMAKA VENKATA RAO The Court made the following: 2 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 386 of 2021 ORDER: The present revision petition is filed aggrieved by the order, dated 09.02.2021 passed in C.M.A.No.3 of 2020 on the file of the learned Senior Civil Judge, Avanigadda. The petitioners/plaintiffs filed suit in O.S.No.47 of 2020 on the file of the learned Junior Civil Judge, Movva seeking to pass judgment and decree in favour of the petitioners against the respondent restraining him from interfering with the suit schedule property. It is further case of the petitioners that they filed interlocutory application vide I.A.No.171 of 2020 seeking to grant temporary injunction. The said application was contested by the respondent/defendant and after hearing the parties, the trial Court by order dated 09.12.2020 allowed the application filed by the petitioners/plaintiffs. Assailing the said order, the respondent/defendant filed civil miscellaneous application vide C.M.A.No.3 of 2020 on the file of the learned Senior Civil Judge, Avanigadda. The said appeal was allowed by order, dated 09.02.2021, which is being impugned in the present revision petition. 2. This Court at the stage of admission by order, dated 09.04.2021 granted interim stay of order, dated 09.02.2021 passed in C.M.A.No.3 of 2021. Subsequently on 16.12.2021, the said order was extended 3 until further orders. Since then, the revision petition is pending adjudication before this Court. 3. Taking into consideration of the facts and circumstances of the case and with the consent of both the learned counsel, the present Civil Revision Petition is disposed of directing the trial Court to dispose of the suit in O.S.No.47 of 2020 on the file of the learned Junior Civil Judge, Movva as expeditiously as possible and till the disposal of the suit, the temporary injunction granted on 09.12.2020 in I.A.No.171 of 2020 in O.S.No.47 of 2020 shall continue. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date : 24.07.2025 SPP 4 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR Civil Revision Petition No.386 of 2021 Date : 24.07.2025 SPP