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High Court of Andhra Pradesh · body

2025 DAILYLAW 11778 (AP)

GANDI GOPAYMMA v. BHOOMEREDDY APPALANAIDU

CRP/768/2023 · 2025-01-08

Nyapathy Vijay

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010137522023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 768 OF 2023 Between: Gandi Gopaymma and Others ...PETITIONER(S) AND Bhoomereddy Appalanaidu and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1. CH MURALI KRISHNA The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 768 OF 2023 ORDER: The Civil Revision Petition is filed questioning the Order dated 20.01.2023 in I.A.No.170 of 2022 in A.S.No.13 of 2015 passed by Senior Civil Judge, Chodavaram. 2. The petitioners are the defendants in the suit. The suit in O.S.No. 40 of 2021 was filed for declaration of title and consequential injunction restraining the defendants from interfering with plaintiffs peaceful possession and enjoyment of the suit schedule property. The suit was decreed on 03.08.2012. Questioning the same, the petitioners filed an Appeal vide A.S.No.13 of 2015 on the file of Senior Civil Judge, Chodavaram. Pending appeal, the petitioners herein have filed interlocutory application to frame certain issues and remand the case for fresh adjudication before the trial court. The said application has been dismissed. Hence, the present C.R.P is filed. 3. Heard learned counsel for the petitioners. 4. Learned counsel for the petitioners fairly submitted that C.R.P may be disposed of with liberty to agitate the issues as were urged in the present C.R.P, before the first appellate court. 5. Considering the said submissions of learned counsel for the petitioners, the Civil Revision Petition is disposed of, leaving it open to the petitioners to urge the same in the interlocutory application at the time of hearing of the main appeal. 6. With the above direction, the present Civil Revision Petition is, therefore, disposed of. No order as to costs. 7. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 08.01.2025 KK