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High Court of Andhra Pradesh · body

2025 DAILYLAW 15916 (AP)

T. ESWARAMMA v. T. BHASKAR NAIDU

CRP/1095/2025 · 2025-07-31

B Krishna Mohan

body2025

Judgment text

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APHC010206352025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CIVIL REVISION PETITION NO: Between: 1. T. ESWARAMMA, W/O. T.VEERABRAMHA, HINDU, OCC CULTIVATION, AGE72 YEARS, R/O. BOMMANAPALLE VILLAGE, RAMANAIDUPALLE POST, GD. NELLORE MANDAL, CHITTOOR DISTRICT, AP 2. ARUNA,, W/O. LATE.BALAJI NAIDU, HINDU, OCC CULTIVATION, AGE 40 YEARS, R/O. MORAKANDIGA VILLAGE, PEDDAKALUVA POST, CHITTOOR DISTRICT, AP. 3. AMBIKA, W/O. BHASKAR NAIDU, HINDU, OCC CULTIVATION, AGE 35 YEARS, R/O. D.NO.20 CHITTOOR DISTRICT. AP. . 4. ANASUYA, W/O. VENUGOPAL NAID HOUSEWIFE, R/O. D.NO.74, SAIRAM STORES, MAIN ROAD, NEW THIPPASANDRA, BANGALORE. 1. T BHASKAR NAIDU, AGE69 YEARS, S/O. T.MUNASWAMY, R/O. D.NO.22-143, KATTAMANCHI ROAD, CHITTOOR MANDAL DISTRICT. 2. BHANU PRAKASH, AGE56 YEARS, S/O. NARASIMHULU NAIDU, R/O. D.NO.18-8-22/8C, MADHURANAGAR, TIRUPATI TOWN AND DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CIVIL REVISION PETITION NO: 1095/2025 T. ESWARAMMA, W/O. T.VEERABRAMHA, HINDU, OCC CULTIVATION, AGE72 YEARS, R/O. BOMMANAPALLE VILLAGE, RAMANAIDUPALLE POST, GD. NELLORE MANDAL, CHITTOOR ARUNA,, W/O. LATE.BALAJI NAIDU, HINDU, OCC CULTIVATION, YEARS, R/O. MORAKANDIGA VILLAGE, PEDDAKALUVA POST, CHITTOOR DISTRICT, AP. AMBIKA, W/O. BHASKAR NAIDU, HINDU, OCC CULTIVATION, AGE 35 YEARS, R/O. D.NO.20-3-88/E, SIVAJYOTHI NAGAR, TIRUPATI, CHITTOOR DISTRICT. AP. . ANASUYA, W/O. VENUGOPAL NAIDU, AGE 36 YEARS, HINDU, HOUSEWIFE, R/O. D.NO.74, SAIRAM STORES, MAIN ROAD, NEW THIPPASANDRA, BANGALORE. ...PETITIONER(S) AND T BHASKAR NAIDU, AGE69 YEARS, S/O. T.MUNASWAMY, R/O. 143, KATTAMANCHI ROAD, CHITTOOR MANDAL NU PRAKASH, AGE56 YEARS, S/O. NARASIMHULU NAIDU, 22/8C, MADHURANAGAR, TIRUPATI TOWN AND IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN T. ESWARAMMA, W/O. T.VEERABRAMHA, HINDU, OCC CULTIVATION, AGE72 YEARS, R/O. BOMMANAPALLE VILLAGE, RAMANAIDUPALLE POST, GD. NELLORE MANDAL, CHITTOOR ARUNA,, W/O. LATE.BALAJI NAIDU, HINDU, OCC CULTIVATION, YEARS, R/O. MORAKANDIGA VILLAGE, PEDDAKALUVA AMBIKA, W/O. BHASKAR NAIDU, HINDU, OCC CULTIVATION, AGE 88/E, SIVAJYOTHI NAGAR, TIRUPATI, U, AGE 36 YEARS, HINDU, HOUSEWIFE, R/O. D.NO.74, SAIRAM STORES, MAIN ROAD, NEW ...PETITIONER(S) T BHASKAR NAIDU, AGE69 YEARS, S/O. T.MUNASWAMY, R/O. 143, KATTAMANCHI ROAD, CHITTOOR MANDAL NU PRAKASH, AGE56 YEARS, S/O. NARASIMHULU NAIDU, 22/8C, MADHURANAGAR, TIRUPATI TOWN AND 2 BKM,J C.R.P.No.1095 of 2025 3. HARINATH, S/O. BHANU PRAKASH, AGE29 YEARS, R/O. D.N0.18-8- 22/8C, MADHURANAGAR, TIRUPATI TOWN AND DISTRICT. 4. MINOR LIKITHA, D/O. BHANU PRAKASH, AGE 16 YEARS, R/O. D.N0.18-8-22/8C, MADHURANAGAR, TIRUPATI TOWN AND DISTRICT. 5. ANANDHA NAIDU, S/O. LATE MUNASWAMY NAIDU, R/O. AT BOMMAIPALLI VILLAGE, RAMANAIDUPALLI POST, GD.NELLORE MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): 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 tohe above-named Petitioner/s beg to present this memorandum of grounds through this present application, being aggrieved by the Order Decree dated 17.01.2025 passed in IA.No.35 OF 2024 IN AS.No.49 OF 2024 on the file of the HON'BLE VIII ADDITIONAL DISTRICT JUDGE, CHITTOOR. The impugned order had allowed the application filed under O.XLI, R.5(2) by the Respondent.No.1/Appellant in AS.No.49 OF 2024 herein seeking stay of the operation of the decree and judgement in OS.No.208 OF 2007 dated 27.03.2024 on the file of Additional Civil Judge (Senior Division), Chittoor till the disposal of the main suit, for the following and among other grounds as enumerated below 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 or the above mentioned in the accompanying affidavit, It is therefore prayed that this Hon'ble Court may be pleased to Suspend the operation of the order & Decree dated 17.01.2025 in I.A.No.35 of 2024 in A. S.No.49 of 2024 on the file of the VIII Additional District Judge, Chittoor, pending disposal of the present Civil Revision Petition AND/OR Pass Counsel for the Petitioner(S): 1. DHEERA KANISHKA Counsel for the Respondent(S): 1. N RANGA REDDY 3 BKM,J C.R.P.No.1095 of 2025 The Court made the following ORDER: Heard the learned counsel for the petitioners and the learned counsel for the respondents. 2. This revision is filed against the order in I.A.No.35 of 2024 in A.S.No.49 of 2024 on the file of VIII Additional District Judge, Chittoor, dated 17.01.2025, granting conditional stay of all further proceedings with respect to the operation of the judgment and decree in O.S.No.208 of 2007 on the file of Additional Civil Judge (Senior Division), Chittoor, dated 27.03.2024. 3. Now that, both the learned counsels submit that they have no objection if the main appeal is disposed of by the lower appellate Court. 4. In view of the above said facts and circumstances, the lower appellate Court is directed to dispose of the main appeal in A.S.No.49 of 2024, as expeditiously as possible, preferably, within a period of six (6) months from the date of receipt of this order. 5. Accordingly, the Civil Revision Petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 01.08.2025 MDP