APHC010159132025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI CIVIL MISCELLANEOUS APPEAL NO: 238/2025 Between: 1. BOMMIDI VENUGOPAL REDDY, S/O B. SREERAMI REDDY, AGED ABOUT 58 YEARS, R/O LAKE VIEW APARTMENTS AND RESIDENCY, NEAR SIDDARTHA TALKIES, MADANAPALLE, ANNAMAYYA DISTRICT. 2. NAREM SUDHAKAR REDDY,, S/O SUBBA RAGHAVA REDDY, AGED ABOUT 60 YEARS, R/O BESTHAPALLE, H/O BASINIKONDA VILLAGE AND POST, MADANAPALLE TOWN, ANNAMAYYA DISTRICT. 1. Y VENUGOPAL REDDY, S/O LATE Y. VENKATA REDDY, AGED ABOUT 66 YEARS, CULTI H/O BASINIKONDA VILLAGE AND POST, MADANAPALLE TOWN, ANNAMAYYA DISTRICT. 2. G UMA MAHESWAR REDDY, S/O C. GANGI REDDY, AGED ABOUT 51 YEARS, BUSINESS, R/O PLOT NO.504, VIJAYA RATHNA TOWERS, NEAR VISAKHAPATNAM URBAN A 3. R SUDEEPA, W/O R. HIMAGIRI REDDY, AGED ABOUT 50 YEARS, R/O DEVATHA NAGAR, 4TH CROSS, MADANAPALLE TOWN, ANNAMAYYA DISTRICT, AND ALSO CARE OF AMBASSADOR HOTEL, AMBEDKAR CIRCLE, NEAR APSRTC BUS STAND, MADANAPALLE, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL NO: 238/2025 BOMMIDI VENUGOPAL REDDY, S/O B. SREERAMI REDDY, AGED ABOUT 58 YEARS, R/O LAKE VIEW APARTMENTS AND RESIDENCY, NEAR SIDDARTHA TALKIES, MADANAPALLE, ANNAMAYYA DISTRICT. SUDHAKAR REDDY,, S/O SUBBA RAGHAVA REDDY, AGED ABOUT 60 YEARS, R/O BESTHAPALLE, H/O BASINIKONDA VILLAGE AND POST, MADANAPALLE TOWN, ANNAMAYYA ...APPELLANT(S) AND Y VENUGOPAL REDDY, S/O LATE Y. VENKATA REDDY, AGED ABOUT 66 YEARS, CULTIVATION, R/O DEVIREDDIGARI PALLE, H/O BASINIKONDA VILLAGE AND POST, MADANAPALLE TOWN, ANNAMAYYA DISTRICT. G UMA MAHESWAR REDDY, S/O C. GANGI REDDY, AGED ABOUT 51 YEARS, BUSINESS, R/O PLOT NO.504, VIJAYA RATHNA TOWERS, NEAR VISAKHAPATNAM URBAN AND DISTRICT. R SUDEEPA, W/O R. HIMAGIRI REDDY, AGED ABOUT 50 YEARS, R/O DEVATHA NAGAR, 4TH CROSS, MADANAPALLE TOWN, ANNAMAYYA DISTRICT, AND ALSO CARE OF AMBASSADOR HOTEL, AMBEDKAR CIRCLE, NEAR APSRTC BUS STAND, IN THE HIGH COURT OF ANDHRA PRADESH [3527] THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL NO: 238/2025 BOMMIDI VENUGOPAL REDDY, S/O B. SREERAMI REDDY, AGED ABOUT 58 YEARS, R/O LAKE VIEW APARTMENTS AND RESIDENCY, NEAR SIDDARTHA TALKIES, MADANAPALLE, SUDHAKAR REDDY,, S/O SUBBA RAGHAVA REDDY, AGED ABOUT 60 YEARS, R/O BESTHAPALLE, H/O BASINIKONDA VILLAGE AND POST, MADANAPALLE TOWN, ANNAMAYYA ...APPELLANT(S) Y VENUGOPAL REDDY, S/O LATE Y. VENKATA REDDY, AGED VATION, R/O DEVIREDDIGARI PALLE, H/O BASINIKONDA VILLAGE AND POST, MADANAPALLE TOWN, G UMA MAHESWAR REDDY, S/O C. GANGI REDDY, AGED ABOUT 51 YEARS, BUSINESS, R/O PLOT NO.504, VIJAYA RATHNA ND DISTRICT. R SUDEEPA, W/O R. HIMAGIRI REDDY, AGED ABOUT 50 YEARS, R/O DEVATHA NAGAR, 4TH CROSS, MADANAPALLE TOWN, ANNAMAYYA DISTRICT, AND ALSO CARE OF AMBASSADOR HOTEL, AMBEDKAR CIRCLE, NEAR APSRTC BUS STAND, 2 HBKM,J & AHHS,J C.M.A.No.238 of 2025 4. BUDIDETI MADAN MOHAN REDDY, S/O B. THIMMA REDDY, AGED ABOUT 60 YEARS, R/O D.NO.III - 227-3, RAJAJI STREET, MADANAPALLE TOWN, ANNAMAYYA DISTRICT ...RESPONDENT(S): Appeal Under Section_____against orderspleased to SET ASIDE the impugned Order dt.07-02-2025 passed in I.A.No.768/2024 in I.A.No.733/2024 in 0.S.No.49/2024 on the file of Hon'ble II Additional District and Sessions Judge, Madanapalle and allow the same 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 pleased to SUSPEND the operation of the Ad-Interim Injunction order dt.10- 12-2024 passed in I.A.No.733/2024 in 0.S.No.49/2024 on the file of Hon'ble II Additional District and Sessions Judge, Madanapalle till disposal of the main CMA and pass Counsel for the Appellant(S): 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1. MAHADEVA KANTHRIGALA 3 HBKM,J & AHHS,J C.M.A.No.238 of 2025 The Court made the following: JUDGMENT: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellants and the learned counsel for the 1st respondent. 2. This Civil Miscellaneous Appeal arises against the order passed in I.A.No.768 of 2024 in I.A.No.733 of 2024 in O.S.No.49 of 2024 on the file of II Additional District & Sessions Judge, Madanapalle, dated 07.02.2025. The trial Court dismissed the said I.A.No.768 of 2024 filed by the defendant Nos.3 & 5 vide its order dated 07.02.2025 on the ground that the petitioners/defendants therein are at liberty to contest the petition in I.A.No.733 of 2024 by filing the counter. 3. The learned counsel for the appellants herein submits that the 1st respondent has not complied with the Order XXXIX Rule 3 C.P.C., properly and the said objection was not properly considered by the trial Court, while disposing of the I.A.No.768 of 2024. He further submits that the defendant Nos.3 & 5 already filed the counter in I.A.No.733 of 2024 in the above said suit before the trial Court. 4. In view of the same, the appellants and the defendants are entitled to raise all possible objections in accordance with law before the trial Court, while contesting the matter in I.A.No.733 of 2024. The trial Court is directed to dispose of the said I.A.No.733 of 2024 in O.S.No.49 of 2024 on the file of II Additional District & Sessions Judge, Madanapalle, as 4 HBKM,J & AHHS,J C.M.A.No.238 of 2025 expeditiously as possible, preferably within a period of three (3) months from the date of receipt of this order, by giving due opportunity to both the parties to contest the same. All the parties concerned shall co-operate for early disposal of the above said IA. 5. Accordingly, this Civil Miscellaneous Appeal is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN _________________________________ JUSTICE A.HARI HARANADHA SARMA 10.07.2025 MDP