GADDE RAMA MEERA PRASAD v. GADDE LALITHA KUMAR (DIED)
CRP/2022/2025 · 2025-08-13
Battu Devanand
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 28485 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28485 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010405392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI i THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION Nos: 2022 OF 2025 AND 2023 OF 2025 CIVIL REVISION PETITION NO: 2022 OF 2025: Petition filed under Article 227 of the Constitution of India, aggrieved by the common
order dated 08.07.2025 passed in I.A.No.416 of 2025 in O.S.No.160 of 2015 on the file of V Additional District and Sessions Judge- cum-Special Judge for Trial of Offence Against Women, Guntur. Between: Gadde Rama Meera Prasad, S/o Rama Swamy, Aged about; 63 Yrs, R/o. Door No.l-496/A, Behind Bhavani Hospital, Occ: Cultivation Kothapeta, Mangalagiri Town and Mandal, Guntur District. ...Petitioner/Petitioner/Plaintiff AND
1. Gadde Lalltha Kumar, (Died)
2. Gadde Siva Kumar, W/o. Late Narasimha Rao, Aged about; 60 Yrs, Occ; House wife, R/o. 56-4-23/3A, Gadde Rama Swamy Street, High School Road, Patamata, Vijayawada.
3. Gadde Jagadeesh, S/o. Late Narasimha Rao, Aged about; 43 Yrs, Occ; Business, R/o. 56-4-23/3A, Gadde Rama Swamy Street, High Sctiool Road, Patamata, Vijayawada.
4. Gadde Mrudula, , W/o. Bellamkonda Jagadeesh, Aged about: 41 Yrs, Occ: House wife, R/o. 56-4-23/3A, Gadde Rama Swamy Street, High School Road, Patamata, Vijayawada.
5. Gadde Nirmala, W/o. Late Karumanchi Venkateswara Rao, Aged about; 62 Yrs, Occ: House wife R/o. 56-4-23/3, Gadde Rama Swamy Street, High School Road, Patamata, Vijayawada.
6. The Commissioner Capital Region Development Authority, Lenin Center, Vijayawada.
7. The Special Deputy Collector & Competent Authority, Capital Region Development Authority, (Land Pooling) Unit No.22, Velagapudi.
8. The Special Deputy Collector & Competent Authority, Capital Region Development Authority, (Land Pooling) Unit No.24, Mandadam -1.
9. The Special Deputy Collector & Competent Authority, Capital Region Development Authority, (Land Pooling) Unit No.25, Mandadam - 2.
10. The Special Deputy Collector & Competent Authority, Capital Region Development Authority, (Land Pooling) Unit N0.I6A, Malkapuram. ...Respondents/Respondents/Defendants 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 stay all further proceedings in O.S.No.160 of 2015 on the file of V Additional District & Sessions Judge-cum-Special Judge for Trial of Offence Against Women, Guntur pending disposal of the C.R.P. Counsel, for Petitioner: Sri Kishore Vangara, Advocate Counsel for Respondent Nos. 2-4: Sri Nallani Vamsi Krishna, Advocate Counsel for other Respondents: ~
APHC010405362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI CIVIL REVISION PETITION NO. 2023 OF 2025: Petition filed under Article 227 of the Constitution of India, aggrieved by the common
order dated 08.07.2025 passed in I.A.No.417 of 2025 in O.S.No.160 of 2015 on the file of V Additional District and Sessions Judge- cum-Special Judge for Trial of Offence Against Women, Guntur. Between: Gadde Rama Meera Prasad, S/o Rama Swamy, Aged about: 63 Yrs, R/o. Door No.l-496/A, Behind Bhavani Hospital, Occ: Cultivation, Kothapeta, Mangalagiri Town and Mandal, Guntur District. ...Petitioner/Petitioner/Plaintiff AND
1. Gadde Lalitha Kumar, (Died)
2. Gadde Siva Kumar, W/o. Late Narasimha Rao, Aged about: 60 Yrs, Occ: House wife, R/o. 56-4-23/3A, Gadde Rama Swamy Street, High School Road, Patamata, Vijayawada. 3. Gadde Jagadeesh, S/o. Late Narasimha Rao, Aged about: 43 Yrs, Occ: Business, R/o. 56-4-23/3A, Gadde Rama Swamy Street, High School Road, Patamata, Vijayawada. 4. Gadde Mrudula, , W/o. Bellamkonda Jagadeesh, Aged about: 41 Yrs, Occ: House wife, R/o. 56-4-23/3A, Gadde Rama Swamy Street, High School Road, Patamata, Vijayawada. 5. Gadde Nirmala, W/o. Late Karumanchi Venkateswara Rao, Aged about: 62’Yrs, Occ: House wife R/o. 56-4-23/3, Gadde Rama Swamy Street, High School Road, Patamata, Vijayawada. 6. The Commissioner Capital Region Development Authority, Lenin Center, Vijayawada. 7. The Special Deputy Collector & Competent Authority, Capital Region Development Authority, (Land Pooling) Unit No.22, Velagapudi. 8. The Special Deputy Collector & Competent Authority, Capital Region Development Authority, (Land Pooling) Unit No.24, Mandadam -1. 9. The Special Deputy Collector & Competent Authority, Capital Region Development Authority, (Land Pooling) Unit No.25, Mandadam - 2. 10.The Special Deputy Collector & Competent Authority, Capital Region Development Authority, (Land Pooling) Unit N0.I6A, Malkapuram. ...Respondents/Respondents/Defendants 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 stay all further proceedings in O.S.No.160 of 2015 on the file of V Additional District & Sessions Judge-cum-Special Judge for Trial of Offence Against Women, Guntur pending disposal of the C.R.P. Counsel for Petitioner: Sri Kishore Vangara, Advocate Counsel for Respondent Nos.
2 - 4: Sri Nallani Vamsi Krishna, Advocate The Court made the following order:
APHC010405392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION Nos: 2022 & 2023 of 2025 Between:
1 GADDE RAMA MEERA PRASAD, S/0 RAMA SWAMY, AGED ABOUT , R/0 DOOR NO.L-496/A, BEHIND KOTHAPETA, MANGALAGIRI TOWN AND 63 YRS, OCC CULTIVATION, BHAVANI HOSPITAL, I MANDAL, GUNTUR DISTRICT. ...PETITIONER AND
1. GADDE LALITHA KUMAR DIED, (DIED)
2. GADDE SIVA KUMAR, W/0. LATE NARASIMHA RAO AGED ABOUT 60 YRS, OCC HOUSE WIFE R/0. 56-4-23/3A, GADDE RAMA SWAMY STREET, HIGH SCHOOL ROAD, VIJAYAWADA. 3. GADDE JAGADEESH, S/0. LATE NARASIMHA RAO, AGED ABOUT 43 YRS, OCC BUSINESS, R/0. 56-4-23/3A, GADDE RAMA SWAMY STREET, HIGH SCHOOL ROAD, PATAMATA, VIJAYAWADA. 4 GADDE MRUDULA, , W/0. BELLAMKONDA JAGADEESH, AGED ABOUT 41 YRS, OCC HOUSE WIFE, R/0. 56-4-23/3A, GADDE RAMA SWAMY STREET, HIGH SCHOOL ROAD VIJAYAWADA. 5. GADDE NIRMALA, W/O. LATE KARUMANCHI VENKATESWARA RAO AGED ABOUT 62 YRS, OCC HOUSE WIFE R/0. 56-4-23/3, GADDE RAMA SWAMY STREET, HIGH SCHOOL ROAD, PATAMATA, VIJAYAWADA. 6. THE .^COMMISSIONER CAPITAL REGION AUTHOmTY, LENIN CENTER, VIJAYAWADA. PATAMATA, PATAMATA, DEVELOPMENT J
7. THE SPECIAL DEPUTY COLLECTOR AND AUTHORITY, CAPITAL REGION DEVELOPMENT (LAND POOLING) UNIT N0.22, VELAGAPUDI. 8. THE SPECIAL DEPUTY COLLECTOR AND AUTHROITY, CAPITAL REGION DEVELOPMENT (LAND POOLING) UNIT N0.24, MANDADAM - 1. 9. THE SPECIAL DEPUTY COLLECTOR AND AUTHROITY, CAPITAL REGION DEVELOPMENT (LAND POOLING) UNIT N0.25, MANDADAM - 2. 10.THE SPECIAL DEPUTY COLLECTOR AND AUTHROITY, CAPITAL REGION DEVELOPMENT (LAND POOLING) UNIT N0.I6A, MALKAPURAM.
COMPETENT AUTHORITY, COMPETENT AUTHORITY, COMPETENT AUTHORITY, COMPETENT AUTHORITY, ...RESPONDENT(S): 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 torhay be pleased to set aside the common order dt.08.07.2025 passed in LA.No.416 of 2025 in O.S.No.160 of 2015 on the file of V Addl. District AND Sessions Judge - cum-SPL Judge for Trial of Offence Against Women, Guntur in 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 may be pleased to stay all further proceedings in O.S.N0.I6O of 2015 on the file of V Addl. District & Sessions Judge - cum-SPL Judge for Trial of Offence Against Women, Guntur pending disposal of the C.R.P. and pass such Counsel for the Petitioner:
1.KISHORE VANGARA Counsel for the Respondent(S):
1. NALLANI VAMSI KRISHNA
2. The Court made the following:
THE HON’BLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION Nos.2022 & 2023 of 2025 COMMON ORDER:- The Civil Revision Petitions have been filed aggrieved by the Common Order dated 08.07.2025 passed in l.A.Nos.416 & 417 of 2025 in O.S.No.160 of 2015 on the file of the V Additional District & Sessions Judge-cum-Special Judge for Trial of Offence against Women, Guntur. Consequently, prayed to set-aside the same. Heard Sri.Kishore Vangara,
learned counsel for the
2. petitioner. The petitioner is the plaintiff and the respondents are the defendants in the suit. 3. Originally, the petitioner herein has filed a Suit in O.S.No.160 of 2015 on the file of the V Additional District & Sessions Judge, Guntur seeking Permanent Injunction restraining the defendants and their men from interfering with the plaintiffs possession and enjoyment of the plaint schedule property. Pending Suit, the petitioner filed I.A.Nos.416 of 2025 & 417 of 2025 to reopen the evidence of the defendant; and to recall DW.1 & DW.2 for further cross examination. Upon hearing both sides. 4. X
2 the trial court, by its Common Order dated 08.07.2025, has dismissed the said I.As. Aggrieved thereby, the present Revision. The learned counsel for the petitioner contended that the trial court has erroneously dismissed the interlocutory applications filed by the petitioner. The petitioner filed affidavits along with the petitions, in which it was averred that during a marriage ceremony on 23.05.2025, the petitioner came to know about the defendants’ actions, specifically, the mortgaging of properties. However, this crucial fact was not considered by the trial court. Furthermore, the petitioner submits that the trial court failed to take into account the reason or cause advanced during arguments, namely, that one of the properties was mortgaged by the defendants. This issue is important to the matter and ought to have been confronted during the cross-examination of DW.1 and DW.2, whose testimonies critical to the case. However, the trial court ought to have given an opportunity to the petitioner to prove his case. 5. are
6. Admittedly, this is a Suit pertaining to the year 2015 and when the matter is posted for pronouncement of Judgment, these petitions are filed. The trial court observed that the petitioner opted to file these petitions without any sufficient reason and his conduct shows that he deliberately filed these petitions only to drag on the matter and accordingly, held that there are no bona
3 fides on the part of the petitioners. The trial court further relied on the decisions in the cases of Bagai Constructions Vs. Gupta Builders^ and Zulficar Hussain Vs. Zeena Begum and others^ wherein, it is held that the petitions shall contain convincing reasons and in the absence of any convincing reasons, the court cannot allow the petitions.
In the said decisions, it is also held that the power of court to recollect, reopen and examine the witness is to be exercised sparingly and not a general rule. Accordingly, these petitions are dismissed by the trial court. A perusal of the material available on record and the
7. reasons in the order impugned in the Civil Revision Petitions, this Court also is of the same opinion that the petitioner failed to show sufficient grounds to consider these petitions and the trial court has passed reasoned order dismissing the said petitions. 8. In view of the same, in our considered view, there is no infirmity or illegality in the order passed by the trial court and as such, interference by this Court is not warranted. 9. Accordingly, the Civil Revision Petitions are dismissed. There shafi be no order as to costs. ^ 2013 (3) MU 185 ^ 2018 (4) ALT 95
4 As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR // //TRUE COPY// SECTION OFFICER To. 1. The V Additional District and Sessions Judge-cum-Special Judge for Trial of Offence Against Women, Guntur, Guntur District. 2. The Section Officer, VR Section, High Court of Andhra Pradesh
3. One CC to Sri Kishore Vangara, Advocate [OPUC]
4. One CC to Sri Nallani Vamsi Krishna, Advocate [OPUC]
5. Two CD Copies GPC
HIGH COURT DATED: 14/08/2025 COIWMON ORDER CRP Nos. 2022 OF 2025 & 2023 OF 2025 andh;^ Si w \t' g 15 SEP 2025 m. o» ( ^ ^ Current Section . dismissing these civil revision petitions