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2025 DAILYLAW 15989 (AP)

DEVAGIRI VIJAYA RAGHAVA REDDY v. DEVAGIRI CHANDRA SEKHAR REDDY

CRP/1032/2025 · 2025-08-13

Battu Devanand

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010207882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI L-»9' THURSDAY, THE FOURTEENTH DAY OF AUGUSTIlo Wi \o ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO: 1032 OF 2025 Petition filed under Article 227 of the Constitution of India, aggrieved by the order dated 22.02.2025, passed in I.A.No.107 of 2025 in O.S.No. 21 of 2020, on the file of the court of the I Additional Civil Judge (Senior Division), at Guntur. Between: Devagiri Vijaya Raghava Reddy, S/o. Mohan Reddy, Hindu, aged about 41 years. Business, R/o. Reddypalem Village, Guntur Rural Mandal, Guntur. Presently residing at D.No.55,56; 3'^^ Avenue, Vishveswaraiah Enclave, KG Halli, Jalahalli West, Bangalore - 560015 ...PETITIONER/PLAINTIFF AND 1. Devagiri Chandra Sekhar Reddy, S/o.Venkat Reddy, Hindu, aged about 77 years. Business, R/o. Reddypalem, Guntur Rural Mandal, Guntur. 2. Mulpuri Ramadevi, W/o.Sambi Reddy, Hindu, aged about 51 years, H/w, R/o. D.No;3-30-7, Vidya Nagar, Guntur. 3. Nallagurla Venkata Ramanaiah, S/o. Galaiah, Hindu, aged about 43 years. Business, R/o, D.No:3-32, Reddypalem, Guntur Rural Mandal, Guntur. 4. Eda Sambi Reddy, S/o Venkata Subba Reddy, Hindu, aged about 56 years. Business, R/o, Reddypalem, Guntur Rural Mandal, Guntur. 11 I 5.' Kavuluri Rahimunnisa, W/o.Mohammad Khajavali, Muslim, aged about 38 years, H/w, R/o, D.No;4-24-16A, line, Mutyala Reddy Nagar, Guntur. ■.“i . ...RESPONDENT/DEFENDANTS/D1 TO 5 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 to stay all further proceedings in O.S. No.21 of 2020, on the file of the Additional Civil Judge (Senior Division), Guntur. Counsel for the Petitioner : SRI SHAIK JAWAD UR RAHAMAN, ADVOCATE Counsel for the Respondent Nos. 1,3 to 5: NONE APPEARED Counsel for the Respondent No.2: -- The Court made the following ORDER : « APHC010207882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] f THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO: 1032/2025 Between: 1.DEVAGIRI VIJAYA RAGHAVA REDDY, S/0. MOHAN REDDY, HINDU, AGED ABOUT 41 YEARS. BUSINESS, R/0. REDDYPALEM VILLAGE, GUNTUR RURAL MANDAL, GUNTUR. PRESENTLY RESIDING AT D.NO.55,56 3RDAVENUE HALLI, JALAHALLI WEST, BANGALORE - 560015 VISHVESWARAIAH ENCLAVE, KG ...PETITIONER AND 1.DEVAGIRI CHANDRA SEKHAR REDDY, S/O.VENKAT REDDY, HINDU, AGED ABOUT 77 YEARS. BUSINESS, R/0. REDDYPALEM, GUNTUR RURAL MANDAL, GUNTUR. 2.MULPURI RAMADEVI, W/O.SAMBI REDDY, HINDU, AGED ABOUT 51 YEARS, H/W, R/0, D.NO3-30-7, VIDYA NAGAR, GUNTUR. 3. NALLAGURLA VENKATA RAMANAIAH, S/0. GALAIAH,HINDU, AGED ABOUT 43 YEARS. BUSINESS, R/0, D.N03-32, REDDYPALEM, GUNTUR RURAL MANDAL, GUNTUR. EDA SAMBI REDDY, S/0 VENKATA SUBBA REDDY, HINDU, AGED ABOUT 56 YEARS. BUSINESS, R/O, REDDYPALEM, GUNTUR RURAL MANDAL, GUNTUR. 4.EDA SAMBI REDDY, S/0 VENKATA SUBBA REDDY, HINDU, AGED ABOUT 56 YEARS. BUSINESS, R/O, REDDYPALEM, GUNTUR RURAL MANDAL, GUNTUR. 5.KAVULURI RAHIMUNNISA, W/0.MOHAMMAD KHAJAVALI, MUSLIM AGED ABOUT 38 YEARS, H/W, R/0, D.N04-24-16A MUTYALA REDDY NAGAR, GUNTUR. 3RDLINE ...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 toggrieved by the order passed in I.A. No.107/2025 in OS No. 21 of 2020, dt.22-02-2025 on the file of the court of the I ADDL. SENIOR CIVIL JUDGE, at GUNTUR, the petitioner begs to present this Memorandum of CRP for the following grounds as set out below 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 pleased to stay all further proceedings in O.S. No.21 of 2020, on the file of the Addl. Senior Civil Judge, Guntur, and pass Counsel for the Petitioner: 1.SHAIK JAWAD UR RAHAMAN Counsel for the Respondent(S): 1. The Court made the following: THE HON’BLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION No. 1032 of 2025 ORDER:- The Civil Revision Petition has been filed aggrieved by the order dated 22.02.2025 passed in I.A.No.107/2025 in O.S.No.21 of 2020 on the file of the I Additional Senior Civil Judge, at Guntur and consequently prayed to set-aside the impugned order. Heard Sri.Shaik Javvad UR Rahaman, learned counsel for the petitioner. Though notices were served on the respondents, none appeared. 3. The petitioner is the plaintiff and the respondents are the defendants in the Suit. 2. 4. The petitioner herein has filed a Suit in O.S.No.21 of 2020 the file of I Additional Senior Civil Judge, at Guntur, seeking Declaration of Title of the subject land in an extent of 504-54 D.N0.346-B of Reddypalem Village and on Sq.yards at consequential relief of Permanent Injunction restraining the defendants and their henchmen from interfering with peaceful possession and enjoyment of the plaint schedule property. Pending Suit, the petitioner has filed l.A.No.107/2025 seeking to Tahsildar, Guntur East, to adduce issuance of summons produce Revenue record pertaining to evidence • and to 2 D.N0.346/B of Reddypalem in order to prove ownership of the subject land. On hearing both sides, the learned trial court dismissed the said I.A. The learned counsel for the petitioner contended that the petitioners had made several efforts to obtain certified copies of the revenue records pertaining to D.No.346/B of Reddypalem but unsuccessful due to the undue influence and interference by respondent No.1. Further contends that the trail court erred in not summoning the Tahsildar, who is a material witness in order to clarify vital ownership records of the subject land. The learned counsel for the petitioner contended that the trial court has also misinterpreted Rule 129(3) of C.P.C.. to deny the request of the petitioner to summon the Tahsildar. Admittedly, the petitioner filed the Suit for Declaration and when the Suit is coming up for further evidence of petitioner, the present petition in l.A.No.107/2025 is filed before the trial court to issue summons to Tahsildar, Guntur East, to produce revenue records pertaining to D.No.346/B of Reddypalem and to give evidence. After hearing both sides, the trial court observed that except referring the revenue records pertaining to subject property, the petitioner has not furnished any particulars of records, year of revenue records etc. The trial court 5. were 6. revenue 3 opined that to summon the Tahsildar to produce the record, the petitioner has to submit particulars of documents or registers in specific. In the absence of above particulars, the witness cannot produce documents. The trial court further observed that the record sought to be produced before the trial court is pretty available with the revenue office and the petitioner can obtain certified copies of the same. Without making such effort, the petitioner filed the present petition. Accordingly, the trail court has dismissed the petition. 7. Having gone through the reasons stated in the order of the trail court in dismissing the petition, this Court is not inclined to interfere into the same as there is no infirmity or illegality in the reasoned order passed by the trial court. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. revenue 8. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. SDI- B.PRASADARAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, . The I Additional Civil Judge (Senior Division), Guntur, Guntur District. 2. One CC to Sri Shaik Javvad Ur Rahaman, Advocate [OPUC] 3. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 4. Two CD Copies GPC TAC 1 HIGH COURT DATED: 14/08/2025 ORDER CRP NO. 1032 OF 2025 g 15 SEP 2025 mw . Current Section . DISMISSING THIS CIVIL REVISION PETITION