APfiC010365512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CjVIL REVISION PETITION NO- CHEEMALAPATI 1812 OF 20?.*^ Petition filed under Article 227 of the the circumstances stated i Constitution of India, praying that in in the grounds filed herein, the High Court pleased to direct the Family Court at Vizianagaram of 2025 in O.S.No.13 of 2025, may be . to dispose the I.A.No. 276 as expeditiously possible, preferably within a month, ,n view of imminent risk of alienation of the suit schedule properties. Between: 1. Smt Midathada (Dasari) Leela, Hindu, aged about 42 years, R/o.Door No.34-14-46, Manual Street Gnanapuram, Visakhapatnam - 530004. 2. Rongali Madhavi, W/o.Rongali Venkata about 40 years, R/o.Flat No.208, Visakhapatnam - 530027. 3. Midathada Mutvamma, W/o.Late R/o.Door No.8-30-12 W/o. Dasari Anthony Velangini Kumar Satya Varaprasad, Hindu, aged Narasimha Nagar, Gopalapatnam, Midathada Bhaskar, Hindu, aged 37 Tamil Street, years, Visakhapatnam-5. Chinna Waltair, ...Petitioners/Petitioners/Plaintiffs AND 1. Sri Midathada (Challa) Dalamma @ Jayanthi @ Yerrayyamma, W/o.Late Midathada Raju, Hindu, aged about 48 years, R/o.Flat No. 707, Lansum Greens Apartments, Madhavadhara, Visakhapatnam - 530007. 2. Midathada Leela Gowri Shankar Sairam, S/o.Late Midathada Raju, Hindu, aged about 27 years, R/o.Flat No.707, Lansum Greens Apartments, Madhavadhara, Visakhapatnam - 530007. 3. Midathada Jagadeesh, S/o.Late Midathada Raju, Hindu, aged about 24 years, R/o.Flat No.707, Lansum Greens Apartments, Madhavadhara, Visakhapatnam - 530007. 4. Midathada Sudha, D/o.Late Midathada Raju, Hindu, aged about 51 years, R/o.D.No.8-30-11, Tamil Street, China Waltair, Visakhapatnam - 530017. 5. Midathada Sowreeswara Rao, S/o.Late Midathada Raju, Hindu, aged about 47 years, R/o.D.No.8-30-11, Visakhapatnam - 530017. Tamil Street, China Waltair, ...Respondents/Respondents/Defendants Counsel for the Petitioners: Sri Karthik Shah, representing Sri Jada Sravan Kumar Counsel for the Respondents:— The Court made the following: 7 APHC010365512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NO: 1812/2025 Between: 1.SMT MIDATHADA (DASARI) LEELA, W/0 DASARI ANTHONY VELANGINI KUMAR, HINDU, AGED ABOUT 42 YEARS, R/AT DOOR MANUAL NO. 34-14-46, VISAKHAPATNAM - 530004. STREET, GNANAPURAM, 2.RONGALI MADHAVI, W/0 RONGALI VENKATA SATYA VARAPRASAD, HINDU. AGED ABOUT 40 YEARS, R/AT FLAT NO. 208, NARASIMHA NAGAR, GOPALAPATNAM, VISAKHAPATNAM - 530027. 3.MIDATHADA MUTVAMMA W/0 LATE MIDATHADA BHASKAR, HINDU. AGED 37 YEARS, R/AT DOOR NO. 8-30-12, TAMIL STREET, CHINNA WALTAIR, VISAKHAPATNAM - 5 ...PETITIONER(S) AND 1.SRI MIDATHADA CHALLA DALAMMA JAYANTHI YERRAYYAMMA, W/0 LATE MIDATHADA RAJU, HINDU, AGED ABOUT 48 YEARs! LANSUM GREENS APARTMENTS, R/AT FLAT NO. 707, MADHAVADHARA. VISAKHAPATNAM - 530007. 2. MIDATHADA LEELA GOWRI SHANKAR SAIRAM, S/0 LATE MIDATHADA RAJU, HINDU, AGED ABOUT 27 YEARS, R/AT FLAT NO. 707, LANSUM GREENS APARTMENTS, MADHAVADHARA. VISAKHAPATNAM - 530007. 3.MIDATHADA JAGADEESH, S/0 LATE MIDATHADA RAJU AGED ABOUT 24 YEARS R/AT FLAT APARTMENTS, MADHAVADHARA MIDATHADA RAJU, HINDU, AGED ABOUT 51 YEARS, R/AT D. NO. 8-30-11 TAMIL STREET CHINA WALTAIR, VISAKHAPATNAM -530017. 5.MIDATHADA SOWREESWARA RAO, S/0 LATE MIDATHADA RAID HINDU, aged about 47 YEARS, R/AT D. NO.TsoH TAMIL STREET, CHINA WALTAIR, VISAKHAPATNAM - 530017. ...RESPONDENT{S): Petition under Article 227 of the Constitution of India prayinq that in the crcumstances stated in the grounds filed herein, the High Courmay L ' No 276/2025T0 S dispose the LA. lA NO: 1 OF 907^ , HINDU, NO. 707, LANSUM GREENS VISAKHAPATNAM - 530007. Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated HI support of the petition, the High Court may be oleaseri tn FAMILY COURT Status, passed IN THE COURT No13/2r. ^ VIZIANAGARAM LA. No. 276/2025 No.13/2025 in the above C.R.P and pass such IN O.S. Counsel for the Petltioner(S): 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. <s^ The Court made the following order: The present Civil Revision Petition has been filed duly praying to direct the Family Court at Vizianagaram to dispose of Interlocutory Application No.276 of 2025 in Original Suit No.13 of 2025 on its file as expeditiously as possible. Heard Sri Karthik Shah, learned counsel, representing Sri Jada Sravan 2. Kumar, learned counsel for the petitioners. Learned counsel for the petitioners, in elaboration to what has been stated in the grounds of revision, submitted that the petitioners/plaintiffs filed a suit against the respondents/defendants vide O.S. No.13 of 2025 on the file of the Family Court at Vizianagaram for partition. Along with the said suit, the plaintiffs/petitioners filed I.A.No.276 of 2025 under Order XXXIX rules 1 and 2 CPC for grant of ex parte temporary injunction restraining the respondents/defendants from ever interfering with the peaceful possession and enjoyment of the suit schedule property till the disposal of the suit. In the said application, the Court below ordered only notice, however did not pass ad-interim injunction. In the meantime, if the respondents/defendants alienates the suit schedule property or part of the schedule property, it not only creates third party interest, but also the rights of the petitioners will be affected and the purpose of filing the said application will be defeated, as 3. any such, prayed this Court to qi said application at the earliest. give a direction to the Court below to dispose of the 4. Perused the record and considered the counsel for the petitioners. submissions made by learned 5. The petitioners being the plaintiffs filed the file of the Court of Principal District Judge Along with the said suit, they filed I.A.No.276 suit vide O.S.No.13 of 2025 at Vizianagaram for partition, of 2025 under Order XXXIX Rules 1 and 2 CPC for temporary injunction. Perusai of the record shows that the Court below had ordered continues to be listed under the caption ‘Summons.’ on notice in March 2025. however, the matter 6. Since no positive direction has it unnecessary to issue notice to the sought in this Revision, this Court feels respondents. 7. Taking the submissions of learned consideration, there is counsel for the petitioners into some force in the contention of learned petitioners that if the application for temporary injunction was not taken up for consideration at the earliest, the counsel for the purpose of filing the said application would be same in view, this Court is inclined to dispose of the Civil Revision Petition with the following direction. defeated. Keeping the The court below / learned Principal District Judge Vizianagaram is directed to dispose of Interlocutory Application No.276 of 2025 In Original Suit No. 13 of 2025 i.e., at on its file at the 5 ^ ,, earliest, in accordance with law, after affording an opportunity of hearing the parties concerned. 8. With the above direction, the Civil Revision Petition is disposed of at the stage of admission. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR SECTIO^^FICER //TRUE COPY// To, 1. The Principal District Judge, Vizianagaram, Vizianagaram District. The Judge, Family Court, Vizianagaram, Vizianagaram District. One CC to Sri Jada Sravan Kumar, Advocate [OPUC] Two CD Copies 2. 3. 4. BSV sree ^ ' HIGH COURT DATED:07/08/2025 ^^Tofands:^ I 0 2 SEP 2025 ' Current Seciloji * ORDER CRP NO. 1812 OF 2025 ^2 J DISPOSING OF THE CIVIL REVISION PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS