APHC010373302022 QMS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI \ TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE V .■s !! O i!|3, (.<? o m H \ } ‘I 1. Xx^~\ '2- A* —«, , —■ rK '0 'Y r" z''. 4- PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL No.272 of 2022 Appeal under Order 43 Rule 1 of CPC I.A.No.277 of 2021 in O.S.No.11 of 2021, dated 09.07.2021, on the file of the Court of Senior Civil Judge, Sattenapalli, Guntur District. Between: against the orders passed in j 1. Sri Tripuramallu Venkateswarlu, S/o Venkatanarsu, Hindu, 66 years. Business, residents of D.No 7-2-1/2, Near Lakshmi Sattenapalli Town and DMC. 2. Sri Tripuramallu Babu Lakshmi Naga Venkatesh, S/o.Venkateswarlu, Hindu, aged about 32 years. Business, residents of D.No.7-2-1/2 Lakshmi Talkies, Sattenapalli Town and DMC. aged about Talkies, Near ...Appellants/Respondents/Defendants AND 1. Tripuramallu Venkata Satyanarayana, S/o Venkata Narsu, Hindu, aged 72 years, Business, resident of Door No.4-2-96, Palavenkayamma Bazar, Sattenapalli Town and DMC within the jurisdiction of this Hon'ble court. 2. Tripuramallu Srinivasa Rao, S/o Venkata Narsu, Hindu, aged 55 years, Business, Resident of Door No.7-4-16, Sangam Bazar, Sattenapalli Town and DMC within the jurisdiction of this Hon'ble court. 3. Bhavireseety Venkateswara Rao, S/o. Venkata Basavaiah, Hindu, aged 45 years, Business, Resident of Door No.4-2-89, Palavenkayamma Bazar, Sattenapalli Town and DMC within the jurisdiction of this Hon'ble court ...Respondents/Petitioners/Plaintiffs lA NO: 2 OF 2022 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order in I.A.No.277 of 2021 IN O.S.No.11 of 2021, dated 09.07.2021, on the file of the Court of the Senior Civil Judge, Sattenapalli pending disposal of the above CMA. Counsel for the Appellants : Sri Ponnam Ravindra Babu Counsel for the Respondents: Sri Doddala Prudhvi Teja The Court made the following: APHC010373302022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 272/2022 Between; 1.SRI TRIPURAMALLU VENKATESWARLU, S/0 VENKATANARSU, HINDU, AGED ABOUT 66 YEARS, BUSINESS, RESIDENTS OF D.NO 7-2-1/2, NEAR, LAKSHMI TALKIES, SATTENAPALLI, TOWN AND DMC 2.SRI TRIPURAMALLU BABU LAKSHMI NAGA VENKATESH, S/0 VENKATESWARLU, HINDU AGED ABOUT 32 YEARS, BUSINESS, RESIDENTS OF D.NO 7-2-1/2, NEAR, LAKSHMI TALKIES, SATTENAPALLI, TOWN AND DMC ...APPELLANT(S) AND 1.TRIPURAMALLU VENKATA SATYANARAYANA, S/0 VENKATA NARSU, HINDU, AGED 72 YRS, BUSINESS, RESIDENT OF DOOR NO.4-2-96, PALAVENKAYAMMA BAZAR, SATTENAPALLI TOWN AND DMC WITHIN THE JURISDICTION OF THIS HON'BLE COURT. 2.TRIPURAMALLU SRINIVASA RAO, S/0 VENKATA NARSU, HINDU, AGED 55 YRS. BUSINESS, RESIDENT OF DOOR NO.7-4-16, SANGAM BAZAR, SATTENAPALLI TOWN AND DMC WITHIN THE JURISDICTION OF THIS HON'BLE COURT. 3.BHAVIRESEETY VENKATESWARA RAO, S/0. VENKATA BASAVAIAH, HINDU, AGED 45 YEARS, BUSINESS, 2 HCGRJ C.M.A.No.272of2022 RESIDENT OF DOOR NO.4-2-89, PALAVENKAYAMMA BAZAR, SATTENAPALLI TOWN AND DMC WITHIN THE JURISDICTION OF THIS HON'BLE COURT ...RESPONDENT(S): Appeal Under Section orders passed in I.A.NO.277/2021 IN O.S.NO.11/2021, dated 09.07.2021, on the file of the Court of the Senior Civil Judge, Sattenapalli lA NO: 1 OF 2022 against ordersaggrieved by the 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 pleased to condone the delay of 53 days in filing the CMA against the order passed in I.A.NO.277/2021 IN O.S.NO.11/2021, dated 09.07.2021, on the file of the Court of the Senior Civil Judge, Sattenapalli and pass lA NO: 2 OF 2022 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 pleased to suspend the order in I.A.NO.277/2021 IN O.S.N0.11/2021, dated 09.07.2021, on the file of the Court of the Senior Civil Judge, Sattenapalli pending disposal of the above Petition in the interest of justice and pass Counsel for the Appellant(S); I.PONNAM RAVINDRA BABU Counsel for the Respondent(S); 1.DODDALA PRUDHVI TEJA % 3 HCGRJ C.M.A.No.272of2022 The Court made the following Judgment: The present appeal arise out of order dated 09.07.2021 passed in I.A.No.277 of 2021 in O.S.No.11 of 2021 on the file of learned Senior Civil Judge, Sattenapalli. Appellants herein are defendants and respondents herein are plaintiffs in the suit. Plaintiffs have filed the suit for declaration of their rights, title, possession and enjoyment regarding the right of passage through schedule corridor. They also filed l.A.No.277 of 2021, seeking temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908. The trial Court, by impugned order dated 09.07.2021, has passed ex parte ad-interim injunction upto 23.07.2021 by issuing notice to the defendants. Assailing the said order, present appeal is preferred. 2. Learned counsel for respondents/plaintiffs submits that after 3. filing of present appeal, as already appellants/defendants have filed counter-affidavit and the matter is being pending for consideration before the trial Court, it would suffice to dispose of the appeal with a direction to dispose the very Interlocutory Application itself. Learned counsel for the appellants/defendants does not 4. oppose the aforesaid statement. 3' 4 3 HCGR.J C.M.A.No.272 of 2022 Though the appeal has been preferred in the year 2022, no interim order was granted suspending the ex parte ad-interim injunction. It is stated that trial has commenced and now as one of the parties to the suit died, steps are being taken for getting legal heirs impleaded. 5. 6. In view of aforesaid submissions and having regard to the fact that there is no interim protection in the appeal, it would suffice to dispose of the present appeal by directing the trial Court to decide the I.A.No.277 of 2021 in O.S.No.11 of 2021 on the file of learned Senior Civil Judge, Sattenapalli, within three (03) months and parties to the suit shall cooperate for such disposal. 7. Accordingly, the Civil Miscellaneous Appeal stands disposed of. There shall be no order as to costs. As a sequel miscellaneous petitions pending, if any, shall stand closed. Sd/- S.V.S.R.MURTHY JOINT.REGISTfWi //TRUE COPY// SECtf0N OFFICER To 1. The Civil Judge (Senior Division), Sattenapalli, Guntur District, (with records if any) 2. One CC to Sri Ponnam Ravindra Babu, Advocate [OPUC] 3. One CC to Sri Doddala Prudhvi Teja, Advocate [OPUC] 4. The Section Officer, V.R. Section, High Court of Andhra Pradesh. 5. Two CD Copies TK sree HIGH COURT DATED:15/07/2025 JUDGMENT CMA No.272 of 2022 5 S1JUL20J5 ^ . Current Secuon £gSPATC><^^ 'a X m DISPOSING OF THE C.M.A. WITHOUT COSTS