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2025 DAILYLAW 16323 (AP)

INUMARTHI PAPAMMA @ KOMMU PAPAMMA @ PAPA v. KOMMU KONDAYYA

CRP/1213/2025 · 2025-08-29

Ninala Jayasurya

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010214422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA CIVIL REVISION PETITION NO: 1213/2025 Between: 1. INUMARTHI PAPAMMA @ KOMMU PAPAMMA @ PAPA, W/O KOMMU KONDAYYA, AGED 50 YEARS, OCC HOUSEWIFE, R/0 D.NO 3-28, JAGAJEEVAN RAO STREET, KATHERU, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. KOMMU KONDAYYA, S/O PENTAYYA, AGED 54 YEARS, OCC AGRICULTURE/BUSINESS R/O D NO 3-29, KATHERU, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT, JCJ RAJAMAHENDRAVARAM 2. KOMMU CHINNI, S/O PENTAYYA, AGED 50 YEARS, OCC AGRICULTURE/BUSINESS, R/O D NO 3-29, KATHERU, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT. 3. KOMMU RAMA KRISHNA, S/O PENTAYYA, AGED 48 YEARS, OCC AGRICULTURE/BUSINESS R/O D NO 3-28, KATHERU, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. RAJANI NALAPATI Counsel for the Respondent(S): 1. P V V SATYANARAYANA 2 The Court made the following ORDER: The present Civil Revision Petition has been preferred under Article 227 of the Constitution of India, aggrieved by the non-disposal of I.A.No.184 of 2025 in O.S.No.157 of 2018 on the file of the Court of II Additional Senior Civil Judge, Rajamahendravaram. 2) Heard the learned counsel for the petitioner, who appeared through online. The matter is being disposed of without going into the merits of the case, therefore, notice to the respondents is deemed not necessary. 3) The petitioner, who is the plaintiff in O.S.No.157 of 2018 on the file of the learned II Additional Senior Civil Judge Court, Rajamahendravaram, filed the said suit for declaration of title and recovery of possession with respect to the plaint schedule properties. Learned counsel submits that seeking ad- interim injunction to restrain the respondents from altering the physical nature of Item No.2 of the plaint schedule property, the petitioner filed I.A.No.184 of 2025 before the trial Court, but the same has not been disposed of so far. She submits that taking advantage of the same, the respondents / defendants have raised RCC pillars and laid slab, thereby materially altering the suit schedule property in utter disregard of the petitioner’s rights and in violation of the principles of lis pendens, that in the event the respondents are not restrained by way of ad-interim injunction, the petitioner will suffer serious prejudice and irreparable loss. Making the said submissions, the learned counsel seeks a direction to the learned trial Court to dispose of the I.A. referred to above as expeditiously as possible. 3 4) Considered the submissions made. As seen from the affidavit filed in support of the petition along with photographs, it is discernible that construction is going on in the plaint schedule property. Be that as it may. Nothing is stated in the affidavit as to why I.A., is being adjourned from time to time, much less by filing the docket proceedings. Be that as it may. When an application seeking ad-interim injunction is filed, the trial Court is required to pass appropriate orders, in accordance with law. In the present case, even though an Interlocutory Application appears to have been filed in the month of March, 2025, the same has not been disposed of. Further, as seen from the case status of O.S.No.157 of 2018, it appears that the said Suit stands posted to 10.09.2025. 5) Therefore, the Civil Revision Petition is disposed of providing that the learned II Additional Senior Civil Judge, Rajamahendravaram, shall proceed with the hearing of the matter i.e., I.A.No.184 of 2025 on the said date and pass appropriate orders, in accordance with law, after giving due opportunity to both sides. 6) The Civil Revision Petition is accordingly disposed of. No costs. 7) Consequently, the miscellaneous applications pending, if any, shall stand closed. NINALA JAYASURYA,J Date:30.08.2025 Ssv 4 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA CIVIL REVISION PETITION NO: 1213 OF 2025 Date:30.08.2025 Ssv