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2025 DAILYLAW 27871 (AP)

SOWBHAGYA v. K Y YELLAMMA

CRP/1978/2025 · 2025-08-11

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010395202025 IN THE HIGH COURT OF ANDHRA PRADESH QMS AT AMARAVATI 0^ /<t‘ l/S TUESDAY,THE TWELFTH DAY OF AUGUST |o ‘ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NO: 1978 OF 2025 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 this Petition and direct Respondents/Defendants not to alienate the suit schedule properties pending disposal of the OS.No.45/2025 on the file of Court of the Junior Civil Judge Madakasira and direct the trial court to dispose the I.A.No.345/2025 IN OS.No.45/2025 on the file of Court of the Junior Civil Judge Madakasira and main Suit within fixed time fram Between: Sowbhagya, W/o Late Sivanna, aged about 50 years, Hindu, Cultivation, K.K.Palyam, Muthukuru Panchayath, Gudibanda Mandal, Sri Sathya Sai District. ...PETITIONER AND 1. K Y Yellamma, W/o Late Ganganna, aged about 52 years, Hindu, Cultivation, K.Golla Halli, Kengeri Hobli, Kumbalgadu, Bangalore South- 560060, Karnataka State. 2. G Meghasree, D/o Late Ganganna, aged about 26 years, Hindu, Cultivation, K. Golla Halli, Kengeri Hobli, Kumbalgadu, Bangalore South- 560060, Karnataka State. 4 3. Parvathamma, W/o Sannamarappa gari Chandrasekhar, aged about 48 years. Cultivation, K.K.Palyam, Muthukuru Majara, Gudibanda Mandal, Sri gathya Sai District. Nagaraju, S/o Late Sanna Marappa,aged about 47 years Cultivation, K.K.Palyam, Muthukuru Majara, Gudibanda Mandal, Sri Sathya Sai District Hindu, "4. 5. Manjula, W/o Hanumanthe Gowd, aged about 40 years, Hindu, Housewife, D.No. 130, Near Siddartha School, Indira Nagar, residing at Doddabidarakallu, Bengaluru Cirty, Karnataka State ...RESPONDENTS lA NO: 1 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 dispense with the filing of certified copies of docket order /Adjournment sheet Plaint in OS.No.45/2025 on the file of Court of the Junior Civil Judge, Madakasira and Affidavit and Petition in I A. No/345/2025 in OS.No.45/2025 on the file of Court of the Junior Civil Judge;: Madakasira 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 direct the Respondents/Defendants not to alienate the suit schedule properties in OS.No.45/2025 on the file of Court of the Junior Civil Judge, Madakasira pending disposal of the Suit and pass such other order or orders may deem fit and proper in the circumstances of the case and pass such other order or orders may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : SRI. N BHARATH SIMHA REDDY Counsel for the Respondents : NONE APPEARED The Court made the following ORDER : X APHC010395202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B!¥iS [3328] TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NO: 1978/2025 Between; 1.SOWBHAGYA, W/0 LATE SIVANNA, AGED ABOUT 50 YEARS, HINDU, CULTIVATION, K.K.PALYAM, MUTHUKURU PANCHAYATH, GUDIBANDA MANUAL, SRI SATHYA SAI DISTRICT. ...PETITIONER AND 1.K Y YELLAMMA, W/0 LATE GANGANNA, AGED ABOUT 52 YEARS, HINDU, CULTIVATION, K.GOLLA HALLI, KENGERI HOBLI, KUMBALGADU, BANGALORE SOUTH- 560060, KARNATAKA STATE. 2.G MEGHASREE, D/0 LATE GANGANNA, AGED ABOUT 26 YEARS, CULTIVATION, K. GOLLA HALLI, KENGERI HOBLI, 560060, KARNATAKA HINDU KUMBALGADU, BANGALORE SOUTH- STATE. 3.PARVATHAMMA, W/0 SANNAMARAPPA GARI CHANDRASEKHAR, AGED ABOUT 48 YEARS. CULTIVATION, K.K.PALYAM, MUTHUKURU MAJARA, GUDIBANDA MANUAL, SRI SATHYA SAI DISTRICT. 4.NAGARAJU, S/0 LATE SANNA MARAPPA,AGED ABOUT 47 YEARS, HINDU, CULTIVATION, K.K.PALYAM, MUTHUKURU MAJARA, GUDIBANDA MANUAL, SRI SATHYA SAI DISTRICT 5.MANJULA, W/O HANUMANTHE GOWD, AGED ABOUT 40 YEARS, ^ ■ 2 HINDU, HOUSEWIFE. RESIDING AT D.NO. 130, NEAR SIDDARTHA SCHOOL, INDIRA NAGAR, DODDABIDARAKALLU, BENGALURU CIRTY, KARNATAKA STATE ...RESPONDENT(S): Counsel for the Petitioner: 1.N BHARATH SIMHA REDDY Counsel for the Respondent{s): 1. Nil The Court made the following: ORAL ORDER: Heard Sri N. Bharath Simha Reddy, learned Counsel for the Civil Revision Petitioner. The facts on record would disclose that the present Revision Petitioner is seeking early disposal of I.A.No.345 of 2025 in O.S.No.45 of 2025 on the file of the Civil Judge (Junior Division), Madakasira. The said Interlocutory Application is filed under Order 39 Rules 1 & 2 and Section 151 of the Code of Civil Procedure, seeking an Interim Injunction against the Respondents not to alienate the petition schedule properties till the disposal of the suit, in the interest of justice. 2. 3. It transpires that the said Application was filed in the month of March 2025 and is pending consideration. 4. It also appears from the record that the above Suit bearing O.S.No.45 of 2025 is filed for Partition and that the Plaintiff/Applicant is seeking an Interim direction to safeguard the property from alienation and to prevent the creation of third-party rights. 5. In this view of the matter, this Court is of the opinion that the said Application may be disposed of as expeditiously as possible, else there is 3 every risk of the parties creating third-party rights so as to prejudice the interests of the lawful claimants. f 6. Accordingly, the Civil Judge (Junior Division), Madakasira, is requested to dispose of the Interlocutory Application bearing I.A.No.345 of 2025 in O.S.No.45 of 2025 on the file of the Civil Judge (Junior Division), Madakasira, within a period of three (03) weeks from the date of receipt of a copy of this Order, in accordance with law. 7. With these observations and directions, the Civil Revision Petition is disposed of. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. SOI- U.SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Junior Civil Judge Madakasira, Ananthapur District 2. One CC to Sri. N Bharath Simha Reddy, Advocate [OPUC] 3. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 3. Two CD Copies YM TAC HIGH COURT DATED: 12/08/2025 ORDER CRP NO. 1978 OF 2025 ^ 0 ii SEP 2025 ,^v yco THE CIVIL REVISION IS DISPOSED OF