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2025 DAILYLAW 22644 (AP)

Tammineni Pushpa Savitri, v. Repaka Venkata Manikya Chandrasekhar,

CRP/1501/2025 · 2025-08-21

K Suresh Reddy

body2025

Judgment text

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APHC010319112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NOS: 1500, 1501 AND 1502 OF 2025 Between: 1.TAMMINENI PUSHPA SAVITRI, W/O. T.CHANDRA SEKHAR SRINIVAS, AGED ABOUT 46 YEARS, OCC HOUSEWIFE, R/O.D.NO.2-5, SAGIPADU VILLAGE, KAMAVARAPKOTA MANDAL, WEST GODAVARI DISTRICT. 2.TAMMINENI CHANDRA SEKHARA SRINIVAS, S/O. LAKSHMINARAYANA AGED ABOUT 55 YEARS, OCC AGRICULTURE, R/O. D.NO.2-5, SAGIPADU VILLAGE, KAMAVARAPUKOTA MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1.REPAKA VENKATA MANIKYA CHANDRASEKHAR, S/O.MANIKYALA RAO, AGED ABOUT 55 YEARS, OCC BUSINESS, R/O. ASHOK NAGAR, ELURU, WEST GODAVARI. 2.PONNAGANTI VEERA VENKATA SATYANARAYANA, S/O. LAKSHMAYYA, AGED ABOUT 60 YEARS, OCC BUSINESS, R/O. D.NO.2-4, 7TH LINE, SANTI NAGAR, ELURU, WEST GODAVARI DISTRICT. 3.PONNAGANTI NAGESWARA RAO, S/O. VEERA VENKATA SATYANARAYANA AGED ABOUT 35 YEARS, OCC BUSINESS, R/O. D.NO.2-4, 7TH LINE, SANTI NAGAR, ELURU, WEST GODAVARI DISTRICT. 4.PONNAGANTI SWATHI, D/O. VEERA VENKATA SATYANARAYANA, AGED ABOUT 33 YEARS, OCC HOUSEWIFE, R/O. D.NO.2-4, 7TH LINE, SANTI NAGAR, 2 C.R.P. Nos.1500, 1501 AND 1502 OF 2025 KSR,J ELURU, WEST GODAVARI DISTRICT. 5.KOTARU VINIL KUMAR, S/O. SIVA RAO, AGED ABOUT 40 YEARS, OCC BUSINESS, R/O. RAYUDUPALEM VILLAGE, RATNALAKUNTA, PEDAVEGI MANDAL WEST GODAVARI DISTRICT. 6.KOTARU AMRUTHA, D/O. VINIL KUMAR, AGED ABOUT 8 YEARS, OCC STUDENT, R/O. RAYUDUPALEM VILLAGE, RATNALAKUNTA, PEDAVEGI MANDAL WEST GODAVARI DISTRICT. 7.MACHINA UMA SANKAR, S/O. KRISHNA MURTHY, AGED ABOUT 43 YEARS, OCC AGRICULTURE, R/O. KOVVALI VILLAGE, DENDULURU MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1.P B NARASIMHA MURTY 3 C.R.P. Nos.1500, 1501 AND 1502 OF 2025 KSR,J The Court made the following COMMON ORDER :- Since all these three Civil Revision Petitions are arising out of the dismissal orders, dated 30.04.2025 passed in I.A.Nos.169 to 171 of 2025 in O.S.No.96 of 2017 by the learned Judge, Family Court-cum-VII Additional District Judge, West Godavari at Eluru, they are being disposed off by way of this common order. 2. The above suit was filed for cancellation of sale deed, dated 03.03.2011, bearing Registration No.1436/2011 of S.R.O. Eluru standing in the name of 2nd defendant, executed by the defendant Nos.1, 4 and 5 and for consequential permanent injunction. The petitioners, who are defendant Nos.2 and 3 filed I.A.No.169 of 2025 under Section 151 CPC to reopen the main suit for the purpose of recalling P.W.1 for continuation of further cross-examination; I.A.No.170 of 2025 was filed under Order XVIII Rule 17 and Section 151 CPC to recall P.W.1 for his further cross-examination and I.A.No.171 of 2025 was filed under Order VI Rule 17 and Section 151 CPC seeking permission to amend the written statement. All these three Interlocutory Applications were dismissed by way of the orders impugned in all these three C.R.Ps. respectively. 3. When the matters are taken up for hearing, the learned counsel for the respondents submits that they have no objection for allowing all these three C.R.Ps and sought for a direction to the trial Court to dispose of the suit as expeditiously as possible since the suit pertains to the year 2017 and for one reason or the other, this matter is being dragged on by one party or the other. 4 C.R.P. Nos.1500, 1501 AND 1502 OF 2025 KSR,J 4. In view of the above submissions made by the learned counsel for the respondents, this Court is inclined to allow all these three C.R.Ps, at the stage of admission. 5. Accordingly, all these three Civil Revision Petitions are allowed setting aside the impugned Orders, dated 30-04-2025 passed in I.A.Nos.169 to 171 of 2025 in O.S.No.96 of 2017 by the learned Judge Family Court-cum-VII Additional District Judge, West Godavari at Eluru and consequently I.A.Nos.169 to 171 of 2025 are allowed accordingly. The trial Court is directed to reopen the suit for the purpose of recalling P.W.1 and for further cross-examination of P.W.1 and to amend the written statement and dispose of the suit as expeditiously as possible not later than three (03) months from the date of receipt of a copy of this order. However, both parties are directed to co-operate for expeditious disposal of the main suit. Consequently, miscellaneous petitions, if any, pending shall stand closed. JUSTICE K.SURESH REDDY Dt. 22.08.2025 SAB / TSNR 5 C.R.P. Nos.1500, 1501 AND 1502 OF 2025 KSR,J 113 THE HON’BLE SRI JUSTICE K.SURESH REDDY COMMON ORDER CIVIL REVISION PETITION NOS: 1500, 1501 AND 1502 OF 2025 Date: 22.08.2025 SAB / TSNR