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2025 DAILYLAW 36255 (AP)

V. Naga Hanumantha Rao v. Y.Krishnavenamma

TRAS/266/2009 · 2025-08-28

V Srinivas

body2025

Judgment text

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APHC010610572008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3367] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS Civil Revision Petition Nos.267 & 4399 of 2008 and Transfer Appeal Suit Nos.232, 266 & 267 of 2009 and 591 of 2010 C.R.P.No.267 of 2008 Between: 1. YERRABOTULA PEDA VENKAYYA, (DIED PER LR I.E., PETITIONER NO.2) 2. YERRABOTULA KRISHNAVENAMMA,, W/O. LATE PEDA VENKAIAH, HOUSEWIFE, R/O. 12-10-12, BESIDE SANKKAYALA ARUNA HOSPITAL, GUDIVARI STREET, ...PETITIONER(S) AND 1. DEVARAPU NARASIMHA RAO, S/O. LATE KONDAIAH, BUSINESS R/O. LAKSHMIPURAM GUNTUR DISTRICT. 2. KOVFURI KRISHNAIAH, W/O. U. BALAKRISHNA D/O.TALLA MALLA REDDY STUDENT B.SC IIND R/O.PLOT NO. 2037 SAIBABA NAGAR, "C" BLOCK, NEAR DHAMMAIGUDA, KAPRA R.R. DISTRICT. 3. KOVVURU LAKSHMI NARASAMMA, W/O.RAJENDER,OOTAPALLY(V),DOMA(M) R.R DIST 4. NADENDLA RADHA KRISHNA MURTHY, S/O. RAMASWAMY CULTIVATION H.NO. 59/13-34, 2 RAMACHANDRANAGAR VIJAYAWADA KRISHNA DISTRICT 5. GOTTIMUKKALA SATYANARAYANA, S/O. RAMASWAMY CULTIVATION H.NO. 59/13-34, RAMACHANDRANAGAR VIJAYAWADA KRISHNA DISTRICT 6. GOOTTIMUKKALA SATYANARAYANA, S/O. U. NAGESHWAR RAO STUDENT R/O.PLOT NO. 2037 SAIBABA NAGAR, "C" BLOCK, NEAR DHAMMAIGUDA, KAPRA R.R. DISTRICT. 7. B RAMA SITHA, S/O LATE SIMHACHALAM, R/O GULLEPALLI, SABBAVARAM, VISAKHAPATNAM. 8. CHAGANTI NAGENDRAMMA, W/O. BALAKRISHNA MURTHY H.NO. 59/13-34, RAMACHANDRANAGAR VIJAYAWADA KRISHNA DISTRICT (RES. 2 AND 3 ARE NOT NECESSARY PARTIES) 9. NADENDLA SAROJINI, W/O. BALAKRISHNA MURTHY H.NO. 59/13-34, RAMACHANDRANAGAR VIJAYAWADA KRISHNA DISTRICT (RES. 2 AND 3 ARE NOT NECESSARY PARTIES) 10. GOTTIMUKKALA VENKATA SUBBAMMA, ( RESPONDENT NO. 2 TO 10 ARE NOT NECESSARY ) ...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 to IA NO: 1 OF 2008(CRPMP 338 OF 2008 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 EP.No. 1979 in OS.No. 312/1968 on the file of the Principal Senior Civil Judge at Guntur pending dispsoal of the CRP IA NO: 2 OF 2008(CRPMP 2365 OF 2008 3 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 vacate the Interim Order dated: 01-02-2008 in CRP No. 267 of 2008, and pass IA NO: 1 OF 2013(CRPMP 418 OF 2013 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 permit the petitioner / proposed party herin to implead as a Respondent No. 10 in CRP.no. 267 of 2008 pending disposal of the above CRP IA NO: 1 OF 2017(CRPMP 32495 OF 2017 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 IA NO: 2 OF 2017(CRPMP 32496 OF 2017 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 IA NO: 3 OF 2017(CRPMP 32497 OF 2017 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 IA NO: 4 OF 2017(CRPMP 32498 OF 2017 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 Counsel for the Petitioner(S): 1. J PRABHAKAR Counsel for the Respondent(S): 1. P R PRASAD 4 5 C.R.P. NO: 4399/2008 Between: 1. DEVARAPU NARASIMHA RAO,, S/O. KONDIAH, BUSINESS, R/O. NEAR POORNA TUTORIAL COLLEGE, LAXMIPURAM, GUNTUR. ...PETITIONER AND 1. VUTUKURU NAGA HANUMANTHA RAO, S/o. Seetharama Rao, Advocate, District Court, Khammam, R/o. 4-1-281, Indiranagar Colony, Khammam Village & District. ...RESPONDENT 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 IA NO: 1 OF 2008(CRPMP 5848 OF 2008 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 suspend operation of the orders dated: 01-07-2008 in IA No. 3492 of 2007 in AS No. 280 of 2007 on the file of the District Judge, Guntur, Pending disposal of the Revision Petition, and pass Counsel for the Petitioner: 1. P R PRASAD Counsel for the Respondent: 1. Tr.A.S.NO: 232/2009 Between: 1. V. NAGA HANUMANTHA RAO, S/O. SEETHARAMARAO, HINDU ADVOCATE R/O. D.NO. 4-1-281, INDIRANAGAR 6 COLONY, KHAMMAM (V) & DISTRICT. ...APPELLANT AND 1. Y KRISHNAVENAMMA, W/O. LATE PEDA VENKAIAH, HINDU HOUSE-WIFE R/O. NEAR SIVALAYAM, KOTHAPET, GUNTUR, WITHIN JCJ GUNTUR. 2. DEVARAPU NARASIMHARAO, S/O. KONDAIAH, HINDU CYCLE SHOP & BUSINESS, ZINNA TOWER CENTRE, R/O. AT NEAR POORNA TUTURIAL COLLEGE, LAXMIPURAM, GUNTUR, WITHIN JCJ GUNTUR. 3. PABBARAJU SESIREKHA, W/O. VASANTHA RAMARAO, HINDU HOUSE-WIFE R/O. INDIRANAGAR COLONY, R/O. KHAMMAM (V) & DISTRICT, WITHIN THE JCJ, KHAMMAM. 4. KAVURI LAXMINARASAMMA DIED, THROUGH SHO., P.S. PRATTIPADU, REP.BY ITS PUBLIC PROSECUTOR HIGH COURT OF AP., HYDERABAD. ...RESPONDENT(S): a) notice of the appeal be given to the respondents; b) that the appeal be allowed and the decree of the Lower Court in O.S.No. 17 of 1979 dated 01-10-2007 be set aside as also the consequential orders passed; c)for costs of the appeal. d) for such other and further reliefs as the Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Appellant: 1. P R PRASAD Counsel for the Respondent(S): 1. Tr.A.S.NO: 266/2009 Between: 7 1. V. NAGA HANUMANTHA RAO, S/O. SEETHARAMARAO, HINDU ADVOCATE R/O. KHAMMAM (V) & DISTRICT. ...APPELLANT AND 1. Y KRISHNAVENAMMA, W/O. LATE PEDA VENKAIAH, HINDU HOUSE-WIFE R/O. KOTHAPET, GUNTUR, WITHIN JCJ GUNTUR. 2. DEVARAPU NARASIMHARAO, S/O. KONDAIAH, HINDU CYCLE SHOP & BUSINESS, ZINNA TOWER CENTRE, R/O. AT NEAR POORNA TUTURIAL COLLEGE, LAXMIPURAM, GUNTUR, WITHIN JCJ GUNTUR. 3. PABBARAJU SESIREKHA, W/O. VASANTHA RAMARAO, HINDU HOUSE-WIFE R/O. KHAMMAM (V) & DISTRICT, WITHIN THE JCJ, KHAMMAM. ...RESPONDENT(S): a) notice of the appeal be given to the respondents; b) that the appeal be allowed and the decree of the Lower Court in O.S.No. 61 of 1979 dated 01-10-2007 on the file of Principal Senior Civil Judge, Guntur be set aside as also the consequential orders passed; c)for costs of the appeal. d) for such other and further reliefs as the Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Appellant: 1. P R PRASAD Counsel for the Respondent(S): 1. Tr.A.S.NO: 267/2009 Between: 1. YERRABOTULA KRISHNAVENAMMA, W/O. LATE PEDA VENKAIAH, HINDU HOUSE-WIFE R/O. D.NO. 12-10-12, 8 BESIDE SANAKKAYALA ARUNA HOSPITAL, GUDIVARI STREET, KOTHAPET, GUNTUR. ...APPELLANT AND 1. KAVURI KRISHNAIAH DIED, W/O. LATE PEDA VENKAIAH, HINDU HOUSE-WIFE R/O. D.NO. 12-10-12, BESIDE SANAKKAYALA ARUNA HOSPITAL, GUDIVARI STREET, KOTHAPET, GUNTUR. 2. DEVARAPU NARASIMHA RAO, S/O. KONDAIAH, HINDU BUSINESS R/O. AT NEAR POORNA TUTORIAL COLLEGE, LAXMIPURAM, GUNTUR WITHIN JCJ, GUNTUR. 3. KAVURI LAXMINARASAMMA DIED, S/O SUBBAIAH AGRICULTURE COOLI R/O BHAVANI CENTER ADDANKI VILLAGE & MANDAL PRAKASAM DISTRICT 4. V NAGA HANUMANTHA RAO, S/O. SEETHARAMARAO, HINDU ADVOCATE, DISTRICT COURT, KHAMMAM. R/O. D.NO. 4-1-281, INDIRANAGAR COLONY, KHAMMAM (V) & DISTRICT. 5. PABBARJU SASIREKHA, W/O. VASANTHA RAMA RAO, HINDU HOUSE-WIFE R/O.C/O. V.NAGA HANUMANTHA RAO, S/O. SEETHARAMARAO, ADVOCATE, DIST COURT, KHAMMAM, HINDU, AGED 67 YRS, R/O. D.NO. 4-1-28, INDIRANAGAR COLONY, KHAMMAM (V) & DIST. ...RESPONDENT(S): a) to allow the appeal by setting aside the Judgment and Decree passed by the Lower Court in O.S.No. 61 of 1979 dt. 1-10- 2007 by granting permanent injunction in favour of the Appellant / 2nd Plaintiff restraining the defendants 1 and 2 or their representatives or assignees or transferees from interfering with the peaceful possession and enjoyment of the plaint schedule property by the plaintiff in any manner either under the guise of the decree in O.S.No. 312 of 1968 on the file District Munsif Court, Guntur or otherwise in execution of the decree in O.S.No. 312 of 1968 9 D.M.C., Guntur. b) award costs of the appeal throughout and c) for such other reliefs as the Hon'ble Court may deem fit and proper in the circumstances of the case/ IA NO: 1 OF 2017(TRASMP 14596 OF 2017 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 IA NO: 2 OF 2017(TRASMP 14597 OF 2017 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 IA NO: 3 OF 2017(TRASMP 14598 OF 2017 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 IA NO: 4 OF 2017(TRASMP 14599 OF 2017 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 Counsel for the Appellant: 1. P R PRASAD Counsel for the Respondent(S): 1. Tr.A.S.NO: 591/2010 Between: 1. YERRABOTULA KRISHNAVENAMMA, [LR OF YERRABOTHULA PEDAVENKAIAH ADDED AS PER THE ORDERS OF THE HON'BLE SUPREME COURT OF INDIA 10 IN CIVIL APPEAL [ADDRESSES NOT GIVEN] ...APPELLANT AND 1. DEVARAPU NARASIMHA RAO, [ADDRESSES NOT GIVEN] 2. GOTTIMUKKALA SATYANARAYANA DIED, W/O.SUNDARAIAH MANDAL PARISHAD TERRITORIAL CONSTITUENCY KODURU, MUDINEPALLY(M) KRISHNA DISTRICT 3. KOVURI LAKSHMINARASAMMA DIED, PRAKASAM DISTRICT, ONGOLE, PRAKASAM DISTRICT. ...RESPONDENT(S): IA NO: 1 OF 2017(TRASMP 14600 OF 2017 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 IA NO: 2 OF 2017(TRASMP 14601 OF 2017 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 IA NO: 3 OF 2017(TRASMP 14602 OF 2017 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 IA NO: 4 OF 2017(TRASMP 14603 OF 2017 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 Counsel for the Appellant: 11 1. P R PRASAD Counsel for the Respondent(S): 1. The Court made the following order: 12 THE HON’BLE SRI JUSTICE V.SRINIVAS Civil Revision Petition Nos.267 & 4399 of 2008 and Transfer Appeal Suit Nos.232, 266 & 267 of 2009 and 591 of 2010 COMMON JUDGMENT: On the other day, i.e., on 19.08.2025, it was brought to the notice of this Court that one of the appellant(s) and respondent(s) had passed away and no one came forward to represent the cases. 2. Even today also, none appeared for the petitioner(s)/appellant(s). It shows that the petitioner(s)/appellant(s) have no interest in prosecuting the matter. 3. Hence, these Civil Revision Petitions and Transfer Appeal Suits are dismissed for default. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE V.SRINIVAS Date:29.08.2025 JLV 13 207 THE HON’BLE SRI JUSTICE V.SRINIVAS CRP Nos.267 & 4399 of 2008 and TrAS Nos.232, 266 & 267 of 2009 and 591 of 2010 Date: 29.08.2025 JLV