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2025 DAILYLAW 22257 (AP)

K. MANOHAR REDDY v. G. CHANDRA SEKHAR

CRP/1469/2025 · 2025-09-11

B Krishna Mohan

body2025

Judgment text

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APHC010314252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CIVIL REVISION PETITION NO: 1469/2025 Between: 1. K. MANOHAR REDDY, S/O. K. NARAYANA REDDY, AGED ABOUT 41 YEARS, OCC. EMPLOYEE, R/O. D.NO.20-1-443/A3, KORLAGUNTA, MARUTHI NAGAR, TIRUPATI, CHITTOOR DISTRICT. 2. B. CHANDRA SEKHAR,, S/O. B. RAMAIAH, AGED ABOUT 46 YEARS, OCC. EMPLOYEE, R/O. D.NO.18-4-10, RAILWAY COLONY, TIRUPATI, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. G CHANDRA SEKHAR, S/O. G. LAKSHMAIAHCHETTY, AGED ABOUT 70 YEARS, OCC. BUSINESS, R/O. D.NO.7-166, SANTHI NAGAR, S.V. UNIVERSITY TIRUPATI TOWN, TIRUPATI URBAN MANDAL, CHITTOOR DISTRICT. 2. G SANKARAMMA, W/O. G. PANDURANGAIAH, AGED ABOUT 70 YEARS, OCC. BUSINESS, R/O. D.NO.7-166, SANTHI NAGAR, S.V UNIVERSITY TIRUPATI TOWN, TIRUPATI URBAN MANDAL, CHITTOOR DISTRICT. 3. A EASWARAPARABRAMHAM, S/O. A. KOTILINGAM, R/O. D.N0.19- 9-4A, KENEDY NAGAR, TIRUPATI, CHITTOOR DISTRICT. 4. G VENUGOPAL NAIDU, S/O. G. PEDDAIAH NAIDU, R/O. K.V. PALLIMANDALAM, GALIVARIPALLI VILLAGE, CHITTOOR DISTRICT. 2 HBKM,J C.R.P.No.1469 of 2025 5. K NARENDRA REDDY, S/O. K. JANAKIRAMI REDDY, RESIDING AT INUMADUGU POST AND VILLAGE, KOUR MANDAL, NELLORE DISTRICT. 6. P BALASUBRAHMANYAM, S/O. P. VENKATESHREDDY, R/O. D.NO. 10-14, WARD 10, KORAMEENUGUNTA, THIMINAIDUPAYMAPANCHATHI, CHITTOOR DISTRICT. 7. G REDDAIAH NAIDU, S/O. PEDDAIAH NAIDU, R/O. D.NO. 19-9- 28/C7, LAKSHMIPURAM, TIRUCHANOOR ROAD, CHITTOOR DISTRICT. 8. HANUMAN RAM CHOYALDAGALARAM, S/O. DAGALARAM, AGED ABOUT 40 YEARS, R/O. DOOR NO.8-1-46, BAZZAR STREET, TIRUPATI, TIRUPATI DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. GANDHAVALLI MAHESH DEVAN Counsel for the Respondent(S): 1. V NITESH 2. 3 HBKM,J C.R.P.No.1469 of 2025 The Court made the following Order: Heard the learned counsel for the petitioners and the learned counsel appearing for the 8th respondent. 2. This revision was filed against the order in I.A.No.331 of 2023 in O.S.No.125 of 2019 on the file of Principal Civil Judge (Senior Division) Tirupati dated 19.03.2025. 3. The petitioners are the plaintiffs in the suit and the respondent Nos.1 to 7 are the defendants in the suit. The 8th respondent herein is the proposed defendant No.8 at the instance of the plaintiffs. 4. The suit in O.S.No.125 of 2019 on the file of Principal Civil Judge (Senior Division) Tirupati was instituted seeking the declaration of title of the Plaint A & B schedule properties and for grant of permanent injunction in favour of the plaintiffs against the defendants. 5. The A & B Plaint schedule properties are relating to the land in an extent of 348 Sq. Yards each in Sy.No.1 Tirupati Municipal Corporation 19th Ward Koramenugunta Residential area with the boundaries as specified in the Plaint Schedule of the suit. As stated supra, initially suit was instituted against 7 defendants for the above said relief. Thereafter, the plaintiffs filed the above said I.A.No.331 of 2023 in O.S.No.125 of 2019 on the file of Principal Civil Judge (Senior Division) Tirupati to implead the proposed respondent No.8 as 4 HBKM,J C.R.P.No.1469 of 2025 the 8th defendant in the suit proceedings and to make consequential amendments to the Plaint as mentioned in the said petition. 6. The said I.A. was contested by the proposed 8th respondent/proposed 8th defendant contending that he is the absolute owner and possessor of the land to an extent of 101 ½ square yards in Sy.No.1 and 2 (old), present Sy.No.1/1A within the limits of Tirupati Municipal Corporation, 19th Ward, residential area with the boundaries as specified in the counter filed by him to the above said I.A. before the trial Court. 7. His contention is that he purchased the said piece of land through the registered sale deed dated 20.11.2019, he enclosed the said registered sale deed dated 20.11.2019 and the Mandal Surveyor endorsement dated 12.04.2023. The trial Court considering the above said I.A. on merits held that though both the parties are claiming the property in the same survey number, but they appear to be different house plots in the unapproved layout. The schedule property as shown by the plaintiffs and the proposed 8th defendant is not matching to each other and as such there is no need to implead the proposed 8th respondent as the 8th defendant in the suit. 8. Accordingly, it observed that the plaintiffs cannot stretch the litigation with ambiguous prayers and apprehensions. The plaintiffs have not filed any documents marked in the above said I.A. to establish that the house plot claimed by the 8th respondent is forming part and parcel of the Plaint Schedule Properties. 5 HBKM,J C.R.P.No.1469 of 2025 9. Both the counsels submit that the suit is at the stage of framing of issues. 10. In view of the same and as the reasons assigned by the trial Court in the above said order in I.A.No.331 of 2019 dated 19.03.2025 are reasonable and sustainable. This Court does not find any merit in the revision. However, the liberty is given for the plaintiffs to file a separate suit, if so warranted and advised against the proposed 8th respondent on the cause of action if any, against the above said property claimed by the said proposed respondent. 11. Accordingly, this Civil Revision Petition is dismissed. 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 12.09.2025 PGT