1 APHC010185302019 & IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE TWENTIETH DAY OF AUGUST & TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N 'Si 7! 9 m it ^ CIVIL REVISION PETITION NO: 1666 OF 2019 Petition under Article 227 bf the Constitution of India, aggrieved by the impugned order and decree passed in I.A.No.49/2013 in O.S.No.802/2007 dated 02-05-2019 on the file of the Honourable III Additional Junior Civil Judge at Ananthapuramu. Between: S.Thulasi Bai, W/o. Late Lalya Naik, Age 65 years, occ- Maid Servant, R/o.D.No.11-2-114, Naik Nagar, Anantapur. (Presently residing in the suit scheduled property/ D.No.11-2-434 in pursuance of the Hon'ble High Court order in W.P.No.7413 of 2013, dt-30.07.2013 and possession handing over certificate of Mandal Revenue Inspector-1, Anantapuramu Dt.08.03.2014 ) ...Petitioner/Defendant AND S Gopal Naik, S/o. Desya Naik, aged 40 years, Hindu, R/o. D.No. 11-2-234, Naik Nagar, Anantapur. (Presently residing in the house D.No. 11-2-444, Naik Nagar, Anantapur). ...Respondent/Plaintiff lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in tho affidavit filed in support of the petition, the High Court may be pleased ^-'J'^her proceedings in O.S.No. 802 of 2007 passed by the learned III Additional Junior Civil Judge atAnanthapuramu, pending CRP lA NO: 2 OF 2024 to 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 receive the documents viz: I), proceedings of the Mandal Revenue office vide R.C.No.594/2004, dt; 12.10.2004 11). Tahsildar office proceedings vide R.C.No.201/80/2007, dt: 23.07.2007., III). Proceedings of the DRDA-IKP vide Rc.No.LC/IOO/DRDA-IKP/07 Dt: 03.2007., IV). Copy of order in wp.no.7413 of 2013 dt: 13.07.2013., V). copy of order in WAMP No. 3991/13 in WA SR.No. 192238/13, dt: 05.02.201A, VI). Copy of order in CC No.86/2014 dt: 14.03.2014., VII). Copy of written statements in OS.No. 802 of 2007 and VIII). Copy of cross examination of the respondent in O.S.No.802 of 2007 as additional material papers in the above writ petition and pass such other order or orders as this Hon’ble court may deem fit and proper in the interest of justice, extend the interim stay granted vide order dated 29.07.2019 in C.R.P.NO.I666//2019 further extended on 05.10.2020 until further orders of this Hon’ble Court. Counsel for the Petitioner: Smt. S Sravana Sandhya Counsel for the Respondent The Court made the following order: none appeared i - % 1 HNJ C.R.P.No.1666 2019 APHC010185302019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Sfli'B 0S-5 [3457] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 1666/2019 Between: 1.S.THULASI BAI,, W/0. LATE LALYANAIK, AGE 65 YEARS, OCC- MAID SERVANT, R/O.D.NO.11-2-114, NAIK NAGAR, ANANTAPUR. (PRESENTLY RESIDING IN THE SUIT SCHEDULED PROPERTY/ D.N0.11-2-434 IN PURSUANCE OF THE HON'BLE HIGH COURT ORDER IN W.P.N0.7413 OF 2013, DT-30.07.2013 AND POSSESSION HANDING OVER CERTIFICATE OF MANDAL REVENUE INSPECTOR-1, ANANTAPURAMU DT.08.03.2014 ) ...PETITIONER AND 1.S GOPALNAIK, S/o. DesyaNaik, aged 40 years, Hindu, R/o. D.No.11- 2-234, Naik Nagar, Anantapur. (Presently residing in the house D.No. 11-2-444, Naik Nagar, Anantapur). ...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 toaggrieved by the impugned order and decree passed in I.A.No. 49/2013 in O.S.No. 802/2007 dated 02-05-2019 on the file of the Honourable III Addl. Junior Civil Judge at Ananthapuramu lA NO: 1 OF 2019 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 2 HN,i^ C.R.P.No.1666 2019 pleased to stay of all further proceedings in O.S.No. 802 of 2007 passed by the learned III Additional Junior Civil Judge at Ananthapuramu, pending CRP lA NO: 1 OF 2024 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 extend the interim stay granted vide order dated 29.07.2019 in C.R.P.NO.1666//2019 further extended on 05.10.2020 until further orders of this Hon’ble Court, in the interests of justice and to pass lA NO: 2 OF 2024 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 receive the documents viz: I), proceedings of the Mandal Revenue office vide R.C.No.594/2004, dt: 12.10.2004., 11). Tahsildar office proceedings vide R.C.No.201/80/2007, dt: 23.07.2007., III). Proceedings of the DRDA-IKP vide Rc.No.LC/IOO/DRDA-IKP/07 Dt: 03.2007., IV). Copy of order in wp.no.7413 of 2013 dt: 13.07.2013., V). copy of order in WAMP No. 3991/13 in WA SR.No. 192238/13, dt: 05.02.2014, VI). Copy of order in CC No.86/2014 dt: 14.03.2014., VII). Copy of written statements in OS.No. 802 of 2007 and VIII). Copy of cross examination of the respondent in O.S.No.802 of 2007 as additional material papers in the above writ petition and pass such other order or orders as this Hon’ble court may deem fit and proper in the interest of justice, extend the interim stay granted vide order dated 29.07.2019 in C.R.P.No.I666//2019 further extended on 05.10.2020 until further orders of this Hon’ble Court, in the interests of justice and to pass Counsel for the Petitioner: 1.SSRAVANA SANDHYA Counsel for the Respondent: 1. HN, J C.R.P.No.1666 2019 ORDER: f 1. The petitioner is aggrieved by the order passed in I.A.no.49 of 2013 in O.S.no.802 of 2007. The petitioner filed the application seeking rejection of the plaint. The suit was filed by the respondent seeking the relief of perpetual injunction from interfering with the peaceful possession and enjoyment of the suit schedule property. 2. The learned counsel for the petitioner submits that Door No. 11-2-434, Naik Nagar, Anantapur District, in land admeasuring Ac.2.50 cents in Survey Nos.268 and 270, situated in Anantapur Village and Taluq is the suit schedule property. 3. It is submitted that the respondent herein filed W.P.No.7413 of 2013, and the learned Single Judge of this Court, while disposing off the writ petition vide order dated 13.07.2013, directed the respondent No.3 therein to issue notice to respondent No.6 (the respondent herein) and to from the respondent herein the injunction order, if any, subsisting. If the respondent fails to produce a copy of the order of injunction, possession was directed to be handed over to the petitioner. A writ appeal preferred by the respondent, which was dismissed. In pursuance of the orders passed by this Court, the Tahsildar handed over the possessionto the petitioner on 08.03.2014. secure was w # k 4 - HN, J C.R.P.No.1666 2019 4. The respondent herein has also endorsed the said possession- handover certificate. It is submitted that the respondent is aware that the property is assigned land granted to the petitioner, and not patta land or private land. However, by projecting that the 2’^'^ respondent had purchased the suit schedule property through a registered sale deed registered on 13.05.2023, the respondent filed the suit claiming injunction. After the petitioner was handed over possession by the Tahsildar, the petitioner filed I.A.no.49 of 2013 under Order VII Rule 11(d) CPC seeking rejection of the plaint on the ground that the suit is barred by law. 5. The learned III Additional Junior Civil Judge, Ananthapuram, observed that order VII Rule 11 CPC would apply when the defendant raises preliminary objections regarding the maintainability of the suit, and once such an objection is raised, the same ought to be adjudicated appropriately by the Court. It is also stated in the impugned order dated 02.05.2019 that no statement in the plaint would show that the suit is barred by law, and accordingly, dismissed the petition filed by the petitioner. 6. Notice is served on the respondent. There is no representationfor the respondent today. The respondents also did not appear before this Court on the earlier occasions. As such, this Court has to proceed further in disposing off the Civil Revision Petition on merits. The suit is pending since in the year 2007. This Court, while admitting the Civil Revision 5 HNJ C.R.P.No.l666_2019 Petition, granted stay of all further proceedings vide order dated 29.07.20198. 7. Heard and perused the record. 8. The application filed by the petitioner under Order VII Rule 11(d) CPC ought to have been dealt with by the Court in light of the cause of action pleaded by the plaintiff. When the petitioner produced the possession- handover certificate issued by the competent revenue authorities, the cause of action in the suit - claiming to have purchased the property and projecting it as private property - stood nullified by the proceedings of the Tahsildar dated 08.03.2014. 9. The primary basis for the respondent to maintain the suit is the alleged sale deed executed in his favor by his vendor. It is interesting to note that the respondent has admitted the grant of assignment patta to the petitioner and also acknowledged the nature of land as assigned land in favor of the petitioner during his cross-examination. 10. Under these circumstances, the learned Junior Civil Judge clearly erred in dismissing the application filed by the petitioner. The plaint ought to have been rejected by taking into consideration the documents annexed to the application. 6 HN,.^ C.R.P.No.1666 2019 In view of the above circumstances, this Court is of the considered view 11. that the impugned order passed by the learned III Additional Junior Civil Judge, Ananthapuram, is liable to be set aside, and consequently, O.S.No.802 of 2007 on the file of the III Additional Junior Civil Judge, Ananthapuram stands rejected under Order VII Rule 11(d) CPC. 12. Accordingly, the Civil Revision Petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending,(i|| any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// // ^ SECTION OFFICER To, 1. The III Additional Civil Judge (Junior Division), Ananthapuramu, Ananthapuram District 2. The Principal Civil Judge (Junior Division), Ananthapuramu, Ananthapuram District 3. One CC to Smt S Sravana Sandhya, Advocate [OPUC] 4. Two CD Copies Stu vna HIGH COURT DATED:20/08/2025 ORDER I 17 SEP 2D25 a ^ Current beciion CRP NO. 1666 OF 2019 ALLOWING THE CIVIL REVISION PETITION