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APHC010308842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTEENTH DAY OF JULY(I TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 1728 OF 2025 Petition under Article 227 of the Constitution of India, against the action of the court below in not proceeding to dispose of the CMA.No.1 of 2024 the file of the Hon’ble II Additional District and Sessions Judge, Kadapa at Proddatur, on BETWEEN: Guduru Sreenivasulu, S/o. Gurrappa, aged about 41 Years, R/o. D.No.21/174 Tern Road, Jammalamadugu Town and Mandal, YSR (Kadapa) District. ...Petitioner/Appellant/Plaintiff AND
1. Shaik Mabunni, W/o. Shareef, aged about 50 Years, R/o. D.No.20/83, Tajmahal Back Side Street, Mahaboob Nagar Street, Jammalamadugu Town and Mandal, YSR (Kadapa) District. 2. Shaik Raziya, W/o. Mahaboob Basha, aged about 30 Years, R/o. D.No.20/83, Tajmahal Back Side Street, Mahaboob Nagar Street, Jammalamadugu Town and Mandal, YSR (Kadapa) District. 3. Shaik Mahammad Sura], S/o. Shareef, aged about 27 Years, R/o. D.No.20/83, Tajmahal Back Side Street, Mahaboob Nagar Street, Jammalamadugu Town and Mandal, YSR (Kadapa) District. t
4. Kukkala Imam Hussain Imam Saheb, S/o. Buden Saheb, aged about R/o. D.No.20/78, Tajmahal Back Side Street Nagar Street, Jammalamadugu Town and Mandal District. 5. Kukkala Abdul Rasool (Died), S/o. Imam Hussain @ Imam Saheb, Aged about 50 Years, R/o. D.No. 18/330, Kapu Street, Opp: Dastagiri Swamy Janda Chettu, Jammalamadugu Town and Mandal (Kadapa) District. 68 Years, Mahaboob YSR (Kadapa) YSR ...Respondents/Respondents/Defendants Counsel for the Petitioner:- SRI. SHAIK MOHAMMED ISMAIL Counsel for the Respondents: The Court made the following ORDER:
APHC010308842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 1728/2025 Between: 1.GUDURU SREENIVASULU, S/0. GURRAPPA, AGED ABOUT 41 R/0. D.NO.21/174. TERN ROAD YEARS TOWN AND MANDAL, YSR (KADAPA) DISTRICT JAMMALAMADUGU ...PETITIONER AND 1.SHAIK MABUNNI, W/0. SHAREEF, AGED ABOUT 50 YEARS, R/0. D.NO.20/83, TAJMAHAL BACK SIDE STREET, MAHABOOB NAGAR STREET, JAMMALAMADUGU TOWN AND MANDAL, YSR (KADAPA) DISTRICT 2.SHAIK RAZIYA, W/0. MAHABOOB BASHA, AGED ABOUT 30 YEARS, MAHABOOB R/0. D.NO.20/83, TAJMAHAL BACK SIDE STREET NAGAR STREET, JAMMALAMADUGU TOWN AND MANDAL, YSR (KADAPA) DISTRICT 3.SHAIK MAHAMMAD SURAJ, S/0. SHAREEF, AGED ABOUT 27 YEARS, MAHABOOB NAGAR STREET, JAMMALAMADUGU TOWN AND MANDAL, YSR (KADAPA) DISTRICT R/0. D.NO.20/83, TAJMAHAL BACK SIDE STREET, 4.KUKKALA IMAM HUSSAIN IMAM SAHEB, S/0.
BUDEN SAHEB, AGED ABOUT 68 YEARS, R/0. D.NO.20/78, TAJMAHAL BACK SIDE STREET, MAHABOOB NAGAR STREET, JAMMALAMADUGU TOWN AND MANDAL, YSR (KADAPA) DISTRICT 5.KUKKALA ABDUL RASOOL DIED, S/0. IMAM HUSSAIN @ IMAM
SAHEB, AGED ABOUT 50 YEARS, R/0. D.NO. 18/330, KAPU STREET, OPP DASTAGIRI SWAMY JANDA CHETTU, JAMMALAMADUGU TOWN AND MANDAL, YSR (KADAPA) 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 topetitioner begs to present this Memorandum of Civil Revision Petition against the action of the court below in not proceeding to dispose of the CMA.No.l of 2024 on the file of the Honble II Additional District and Sessions Judge, Kadapa at Proddatur, 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 may be pleased to dispense with the certified copy of the docket proceedings of C.M.A. No. 1 of 2024 on the file of the Honble II Additional District and Sessions Judge, Kadapa at Proddatur and pass such lA NO: 2 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 may be pleased to direct the Honble II Additional District and Sessions Judge, Kadapa at Proddatur to proceed with the further steps in CMA No.I of 2024 for speedy disposal within 1 month, pending disposal of the C.R.P. in this HonTDIe Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:
1.SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S):
1. The Court made the following;
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 1728/2025
ORDER The Civil Revision Petition is filed under Article 227 of the Constitution of India seeking for a direction to the learned II Additional District and Sessions Judge, Kadapa at Proddatur for speedy disposal of C.M.A.No.1 of
2024. Heard learned counsel for the petitioner. Perused the material on
2. record. On hearing, learned counsel for the petitioner submits that the petitioner herein filed a suit for permanent injunction vide O.S.No.140 of 2023 on the file of Junior Civil Judge, Jammalamadugu. In the said suit, the petitioner herein filed interlocutory application vide I.A.No.585 of 2023 seeking for Interim injunction and the same was dismissed on 06.02.2024. Aggrieved by the said dismissal order, the petitioner herein preferred Civil Miscellaneous Appeal vide C.M.A No.1 of 2024 on the file of the II Additional District and Sessions Judge, Kadapa at Proddatur. But, the Court below is not proceeding with the said Appeal. He further submits that the CMA was preferred on
3. 05.03.2024 and same had been adjourned from time to time on the ground of awaiting for lower Court Records. Keeping the Appeal pending may deprive the rights of the petitioner and hence, the learned counsel for the petitioner requests this Court to issue an appropriate direction to the learned II
Additional District and Sessions Judge, Kadapa at Proddatur for disposal of the C.M.A.No.1 of 2024 speedy
4. Considering the submissions of the learned counsel for petitioner and on perusal of the material placed, the learned II Additional District and Sessions Judge, Kadapa at Proddatur shall call for the record of Trial Court within a reasonable period or otherwise should place the issue before the Principal District Judge who is administration in-charge in the District. Therefore on the guise of non receipt of record, this proceedings cannot be allowed to be dragged years together. Hence, the learned Judge is directed to dispose of C.M.A.No.1 of 2024, as expeditiously as possible, preferably within a period of two (02) months from the date of receipt of a copy of this order,
5. With the above direction, this Civil Revision Petition at the stage of admission. There shall be no order as to costs. is disposed of As a sequel, miscellaneous applications pending if any, shall stand closed. Sd/- A VENUGOPALA RAO ASSISTANTREGISTRA //TRUE COPY// SECTION OFFICER To,
1. The II Additional District and Sessions Judge, Kadapa at Proddatur, 2, One CC to Sri.
Shaik Mohammed Ismail, Advocate [OPUC]
3. Two C.D Copies. Ssl nm
e HIGH COURT DATED; 16/07/2025 c n 2 AUG ?n7‘> ^ . Current iecuon ^
ORDER CRP NO. 1728 OF 2025 o\\ C9, ^15 CIVIL REVISION PETITION IS
DISPOSED OFF.