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2025 DAILYLAW 22833 (AP)

Kadiri Hanumathu v. K.N Sreenivasa Setty

CRP/1561/2025 · 2025-07-03

K Suresh Reddy

Original Suitbody2025

Judgment text

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APHC010321492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 1561 OF 2025 Petition under Article 227 of the Constitution of India, aggrieved by the frequent adjournments and not considering I.A.No.355 of 2020 in O.S.No.182 of 2020 filed by the petitioner by the learned Judge and to expedite the same by the Learned Junior Civil Judge, Thamaballapalle, Annamayya District. Between: Kadiri Hanumanthu, S/o Gangulappa, Aged about 56 years, Occ- Cultivation, R/o Parthikota H/o Devalacheruvu Village, Mulakalacheruvu Mandal, Annamayya District ...Petitioner/ Petitioner/Plaintiff AND K N Sreenivasa Setty, S/o Late K. Nagappa Setty, Aged about 70 years, Occ- Business, R/o Door No.2, 3rd Cross, Nagasettihalli, Muneswara Block, Bangalore, Karnataka ...Respondent/ Respondent/Defendant 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 % grant Temporary Injunction restraining the Respondent, from executing sort of document of any nature in respect of the Schedule Property, pending the suit. any Counsel for the Petitioner: Sri Suresh Kumar Reddy Kalava Counsel for the Respondent: - The Court made the following order: ' 0 APHC010321492025 |N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 1561/2025 Between: 1.KADIRI HANUMATHU, S/0 GANGULAPPA, AGED ABOUT 56 YEARS, OCC- CULTIVATION, R/0 PARTHIKOTA H/0 DEVALACHERUVU VILLAGE, MANUAL, ANNAMAYYA DISTRICT MULAKALACHERUVU ...PETITIONER AND 1.K N SREENIVASA SETTY, S/o Late K. Nagappa Setty, Aged about 70 years, Occ- Business, R/o Door No.2, 3rd Cross, Nagasettihalli, Muneswara Block, Bangalore, Karnataka ...RESPONDENT Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA 2 KSR.J C.R.P. No.1561 OF 2025 The Court made the following ORDER The revision petitioner is the plaintiff in O.S.No.182 of 2020 on the file of the Court of Junior Civil Judge, Thamballapalle, filed the above suit for specific performance of agreement of sale, dated 20.11.2009. 2. It is contended by the learned counsel for the petitioner that along with the suit, the petitioner also filed I.A.No.355 of 2020 under Order XXXIX Rule 1 and Section 151 CPC seeking grant of temporary injunction against the respondent. The only grievance of the petitioner in this revision petition is that the learned Judge is not disposing of the said I.A.No.355 of 2020, even though nearly five years have elapsed. Learned counsel for the petitioner seeks an innocuous relief seeking a direction to the learned trial Judge to take I.A.No.355 of 2020 in O.S.No.182 of 2020 as expeditiously as possible, and dispose of the same in accordance with law. I 1 up 3. Since no adverse orders are going to be passed against the respondent in this Civil Revision Petition, in the considered opinion of this Court, no notice is required to serve on the respondent. 4. In that view of the matter and in view of the said innocuous relief sought by the petitioner, the present Civil Revision Petition is disposed of, at the stage of admission, directing the learned Junior Civil Judge, Thamballapalle to take up I.A.No.355 of 2020 in O.S.No.182 of 2020 and dispose of the same in accordance with law after hearing both sides within a period of three (03) months from the date of receipt of a copy of this order. 3 KSR,J C.R.P. No.1561 OF 2025 \ 5. Accordingly, with the above direction, the Civil Revision Petition is disposed of, at the stage of admission. As a sequel thereto, miscellaneous petitions, if pending, shall also stand closed. any. Sd/- N NAGAMMA ASSISTATNT REGISTRAR S //TRUE COPY// 3 SECTION OFFICER To, 1. The Civil Judge (Junior Division), Thamaballapalle District. 2. One CC to Sri. Suresh Kumar Reddy Kalava, Advocate [OPUC] 3. Two CD Copies Annamayya Stu sree HIGH COURT DATED:04/07/2025 ORDER CRP NO. 1561 OF 2025 ^njUL 2025 W SectiQaX*^^ DISPOSING OF THE CIVIL REVISION PETITION