APHC010143522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE GANNAMANENI CIVIL REVISION PETITION NO: 815 OF RAMAKRISHNA PRASAD Petition under Articie 227 of the Constitution Petition against the Orders dt. OS.No.166 of 2024 of India, Civil Revision 12.02.2025 passed in IA.No.25 of 2025 in on the file of Civil Judge (Junior Division), Uravakonda. Between: 1. G.Pedda Yerri Swamy, s/o G.Parvathappa Cultivation, Age- 64 Years, Occ- Auditors Colony, R/o Plot No.32, Chinmayi Nagar, Rapthadu Viiiage, Rapthadu Mandai, Anantapur District 2. G.Chinna Yerri Swamy, s/o G.Parvathappa Cuitivation, R/o 5-309, Isuka Vanka Veedhi and Mandai, Sri Sathya Sai District Age- 55 Years, Occ- Kotha Cheruvu Village ...Petitioners/Defendant AND 1- K Mangalamma, w/o K.Veera Reddy, Age- 69 Years, Occ- House Wife, R/o Gajuia Mallapuram Viiiage, Vidapanakal Mandai, 2. K Rudra Goud Cultivation, r Mandai, Anantapur District Anantapur District w/o K.Veerabhadrappa Age- 69 Years, Occ- R/o 17-18, Gajuia Mallapuram Village, Vidapanakal ...Respondents/Plaintiff lA 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 be pleased to stay all further proceedings in OS.No.l66 of 2024 on the file of Civil Judge (Junior Division), Uravakonda, pending Revision in this Court. Counsel for the Petitioners: SRI N CHANDRA SEKHAR REDDY Counsel for the Respondents: M/S. AYESHA AZMA S The Court made the following Order: APHC010143522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] r TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NO: 815/2025 Between: 1.G.PEDDA YERRI SWAMY, S/0 G.PARVATHAPPA, AGE- Q4 YEARS OCC-CULTIVATION, AUDITORS COLONY, RAPTHADU VILLAGE, RAPTHADU MANDAL, ANANTAPUR DISTRICT R/0 PLOT N0.32, CHINMAYI NAGAR, 2.G.CHINNA YERRI SWAMY, S/0 G.PAIWATHAPPA, AGE- 55 YEARS, OCC- CULTIVATION, R/0 5-309, ISUKA VANKA VEEDHI. KOTHA CHERUVU VILLAGE AND MANDAL, SRI SATHYA SAI DISTRICT ...PETITIONER(S) AND 1.K MANGALAMMA, W/0 K.VEERA REDDY, AGE- 69 YEARS, OCC- R/0 GAJULA MALLAPURAM VILLAGE, HOUSE WIFE, VIDAPANAKAL MANDAL, ANANTAPUR DISTRICT 2.K RUDRA GOUD, W/0 K.VEERABHADRAPPA, AGE- 69 YEARS, OCC- CULTIVATION, R/0 17-18, GAJULA MALLAPURAM VILLAGE, VIDAPANAKAL MANDAL. ANANTAPUR DISTRICT ...RESPONDENT{S): Counsel for the Petitioner{S): 1.N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 2 1.AYESHA AZMAS The Court made the following: ORAL ORDER: Heard Sri N. Chandra Sekhar Reddy, learned Counsel for the Civil Revision Petitioners and Ms. Ayesha Azma S, learned Counsel for the Respondents. The present Civil Revision Petition is filed challenging the Order passed by the Civil Judge (Junior Division), Uravakonda, dated 12.02.2025, in A.S. No.25 of 2025 in O.S.No.166 of 2024. 2. The Respondent/Plaintiffs filed a Suit for Permanent Injunction. Since it has been stated in para 6 of the Plaint that the Plaintiffs sowed the maize 3. crop in the Plaint Schedule-mentioned property, and since this has been stoutly opposed by the Defendants in the Written Statement (para 6), the Defendants filed an Application bearing I.A.No.25 of 2025, seeking Appointment of Advocate Commissioner to ascertain whether the Plaintiffs are cultivating the land or whether the land is barren. an 4. It is the contention of the Defendants that if the Advocate Commissioner inspects the land, the truth will come out, which would eventually help in proper adjudication of the case. It transpires from the record that this Interlocutory Application No.25 of 2025 was filed on 04.02.2025. Since five months have passed since the filing of the said Application, the maize crop which is alleged to have been cultivated by the Plaintiffs would have already been harvested, and the land would have been cleared. 5. 6. In this view of the matter, no useful purpose would be served by allowing the Application bearing I.A.No.25 of 2025 by appointing an Advocate Commissioner to ascertain whether there is any standing crop. 3 Having regard to the facts, the findings rendered by the Civil Judge (Junior Division), Uravakonda, in I.A.No.25 of 2025, dated 12.02.2025 are not in accordance with law. 7. It is noticed that the said Application filed by the Plaintiffs, stating that there is a standing crop, has been stoutly opposed by the Defendants by stating that the land is barren and that there was no standing crop in the suit schedule land as on the date of filing of the Plaint. In such an event, it would have been appropriate for the Trial Court to appoint an Advocate Commissioner without any loss of time to ascertain the truth as to whether there was any standing crop, which may indicate possession of the Plaintiff. Since time has already elapsed, this Court is of the opinion that useful purpose would be served by allowing this Application at this stage to inspect the land. Accordingly, the Civil Revision Petition is disposed of with a direction to the Civil Judge (Junior Division), Uravakonda to pass appropriate orders and when the Defendants move any such Application in the future. Since crops are seasonal in nature, it would be in the interest of the parties that the Trial Court pass orders as expeditiously as possible to ascertain the truth or otherwise of the contentions of the parties. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 8. 9. no 10. as 11. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Junior Division) Uravakonda, Anantapur District. 2. One CC to Sri. N Chandra Sekhar Reddy, Advocate [OPUC] 3. One CC to M/s. Ayesha Azma S., Advocate [OPUC] 4. Two CD Copies MKP sree HIGH COURT DATED:22/07/2025 ORDER CRP NO. 815 OF 2025 iS( II AUG 2025 ^V>CicreiltSwtiMxVy disposing the C.R.P. WITHOUT COSTS