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High Court of Andhra Pradesh · body

2025 DAILYLAW 22301 (AP)

Boya Somulamma, v. Telugu Kadupulanna,

CRP/1450/2025 · 2025-06-25

B S Bhanumathi

body2025

Judgment text

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APHC010270452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CIVIL REVISION PETITION NO: 1449 AND 1450 OF 2025 CRP NO. 1449 OF 2025 Between: 1. Boya Somulamma, W/o. Late Narasimhulu, aged about 76 years, Occ. Agriculture, R/o, Polakal Village, C- Belagal Mandal, Kurnool District 2. Boya Ramanjaneyuiu, S/o. Late. Narasimhulu, aged about 31 years Occ. Agriculture, R/o. Polakal Village, C. Belagal Mandal, Kurnool District ...Petitioners/Defendants AND Telugu Kadupulanna, S/o. Telugu Yellappa, aged about 65 years. Agnculture, R/o. Polakal Village, C. Belagal Mandal, Kurnool District. ...Respondent/Plaintiff Petition under Article 227 of the Constitution of India, praying that in the circumstances^ st^ed in the grounds filed herein, the High Court may be pleased to aliowithe /present Civil Revision Petition and set aside the Order dated 22. in I.A. No. 186 of 2025 in p.S. No. 499 of 2016 on the file of the Hon'ble Principal Senior Civil Judge, Kurnool in the interest of justice and consequently direct the Honlble Principal Senior Civil Judge, Kurnool to send the EX. B-11 document / instrument to the District Registrar for necessary corrections, rectifying the same and reissuing the corrected endorsement certificate. 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 to stay all the further proceedings In OS No. 499 of 2016 on the file of the Judge, Principal Civil Judge,( Senior Division), Kurnool pending disposal of the above Civil Revision Petition. Counsel for the Petitioners: SRI VARUN BYREDDY Counsel for the Respondent: --- APHC010313442025 CRP NO. 1450 OF 2025 Between: 1. Boya Somulamma, W/o. Late Narasimhulu, aged about 76 Occ- Agriculture, R/o. Polakal Village, C. Belagal Mandal, Kurnool District 2. Boya Ramanjaneyulu, S/o7 Later Narasimhulu, agecT about 31 Occ- Agriculture, R/o. Polakal Village, C. Belagal Mandal, Kurnool District years. years ...Petitioners/ Defendants AND ^ ~ ^ - Telugu Kadupulanna, S/o. Telugu Yellappa, aged about 6^yearsr^^ Agriculture R/o. Polakal Village, C. Belagal Mandal, Kurnool District. ...Responden/Plaintiff inm 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 to allow the present Civil Revision Petition and set aside the Order dated 22.04.2025 passed in I.A. No. 185 of 2025 in O.S. No. 499 of 2016 on the file of the Hon'ble Principal Senior Civil Judge, Kurnool in the interest of justice and consequently reopen the case for the sending EX. B-11 document / instrument to the District Registrar for necessary corrections, rectifying the same and reissuing corrected endorsement certificate. 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 stay all the further proceedings in OS No. 499 of 2016 on the file of the Judge, Principal Senior Civil Judge, Kurnool pending disposal of the above CRP. Counsel for the Petitioners: SRI VARUN BYREDDY Counsel for the Respondent: — The Court made the following Common order: ^7' APHC010270452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Thursday, the Twenty Sixth day of June Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Civil Revision Petition Nos: 1449 and 1450 of 2025 Between: ...Petitioners Boya Somulamma and others and ...Respondent Telugu Kadupulanna Counsel for the petitionerds I.Varun Byreddy The Court made the following: 2 C.R.P.Nos.1449 & 1450 of 2025 COMMON ORDER: The C.R.P.No.1449 of 2025 is filed under Article 227 of the Constitution of India against order dated 22.04.2025 dismissing the petition in I.A.No.186 of 2025 in O.S.No.499 of 2016 on the file of the Court of Principal Senior Civil Judge, Kurnool, filed by the defendants under Section 151 C.P.C. to send Ex.BII document to the District Registrar, Kurnool for necessary corrections, rectifying the same and re issue the corrected endorsement certificate. The C.R.P.No.1450 of 2025 is filed under Article 227 of the Constitution of India against order dated 22.04.2025 dismissing the petition in I.A.No.185 of 2025 in O.S.No.499 of 2016 on the file of the Court of Principal Senior Civil Judge, Kurnool, filed by the defendants under Section 151 C.P.C. to reopen the suit on behalf of the defendants for sending Ex.BII document to the District Registrar, Kurnool for necessary corrections, rectifying the same and re-issue the corrected endorsement certificate. 2. The respondent / plaintiff filed suit for permanent injunction. The defendants got Ex.BII document impounded vide No.El/2551/2023, dated 22.01.2024 issued by the District Registrar, Kurnool. According to the defendants, a typographical mistake occurred in the endorsement by recording another suit number i.e., O.S.No.149 of 2014 instead of O.S.No.499 of 2016 and similarly another mistake of noting sale agreement document date as 12.07.1993 instead of 18.03.1957. The defendants further contended that the witness from the District Registrar’s Office was examined as D.W.6 has also deposed about the mistake. Under these circumstances, the defendants requested the Court to send Ex.BII to the District Registrar, Kurnool for the purpose 3. 3 C.R.P.Nos.1449 & 1450 of 2025 of getting the necessary corrections made and re-issue corrected endorsement certificate after rectifying the mistake. 4. However, the petition was opposed by the respondent / plaintiff stating that the Court cannot give direction to rectify the record of the District Registrar. The trial Court concurred with the objection and held that it is the District Registrar who has to rectify the mistake and a civil Court cannot give a direction to the District Registrar to carry out the corrections etc. Accordingly, the I.A.No.186 of 2025 was dismissed and recording the dismissal of the same, I.A.No.185 of 2025 was also dismissed. 5. 6. Aggrieved by the orders, the defendants preferred these revision petitions. The learned counsel for the petitioners submitted that the Court was not requested to give direction to the District Registrar to get the corrections made etc., but, the defendants requested only to send the document for the purpose of getting the necessary corrections made etc., by the District Registrar himself. Therefore, he contended that the trial Court dismissed the petition under a misassumption of the relief sought. 7. A perusal of the order in I.A.No.186 of 2025 shows that there is no observation of the trial Court that there is no such error crept in the endorsement. It is only, on the ground that a Court cannot give such direction to the District Registrar, the petition was dismissed. As such, the error in the order is apparent on record and the same is liable to be set aside by remanding the matter to the trial Court to dispose of the petition afresh treating the relief sought by the petitioners as one for 8. 4 C.R.P.Nos.1449 & 1450 of 2025 sending the document and not for giving any direction to the District Registrar. Since the petition in I.A.No.186 of 2025 require fresh hearing, I.A.No.185 of 2025 is also liable to be set aside. In the result, the civil revision petitions are disposed of by setting aside the impugned orders dated 22.04.2025 in I.A.No.186 of 2025 and I.A.No. 185 of 2025. The trial Court is directed to rehear the matters afresh and pass appropriate orders. 9. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand vacated. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER \ To, 1. The Judge, Principal Civil Judge,( Senior Division), Kurnool. 2. One CC to Sri. Varun Byreddy, Advocate [OPUC] 3. Two CD Copies SD vna HIGH COURT DATED:26/06/2025 COMMON ORDER CRP NOs.1449 AND 1450 OF 2025 DISPOSING OF THE CIVIL REVISION PETITIONS WITHOUT COSTS