KALLEPALLI KANAKA DURGA v. KALLEPALLI VEERA VENKATA NAGA MURALI
CRP/3113/2025 · 2025-11-13
R Raghunandan Rao
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 40788 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40788 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010608642025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 3113/2025 Between:
1. KALLEPALLI KANAKA DURGA, W/O. LATE NAGESWARA RAO, AGED ABOUT 70 YEARS, R/O. D.NO. 30-6-20, LIKKI PULLAIAH STREET, DURGA AGRAHARAM, VIJAYAWADA-520002, N.T.R DISTRICT. 2. VENUTURUMILLI NAGA LAKSHMI,, W/O. SRININVASA RAO, AGED ABOUT 50 YEARS R/O. D.NO. 30-6-20, LIKKI PULLAIAH STREET, DURGA AGRAHARAM, VIJAYAWADA-520002, N.T.R DISTRICT
...PETITIONER(S) AND
1. KALLEPALLI VEERA VENKATA NAGA MURALI, S/O. LATE NAGESWARA RAO, AGED ABOUT 52 YEARS, R/O. D.NO.12-1222, ROAD NO.11/1, MAHANADU, TADEPALLI, GUNTUR DISTRICT-
522501. 2. BORRIGORLA YEDUKONDALU, S/O. RAMULU, AGED ABOUT 47 YEARS, R/O. D.NO.2-276, DONAKONDA VILLAGE, DONAKONDA MANDAL, PRAKASAM DISTRICT. 3. KALLEPALLI VENKATA VIJAYA LAKSHMI, W/O. VEERA VENKATA NAGA MURALI, AGED ABOUT 48 YEARS, R/O. D.NO.12-1222, ROAD NO.11/1, MAHANADU, TADEPALLI GUNTUR DISTRICT
4. NARRAVULA VENKATAMMA, W/O. BRAHMAIAH, AGED ABOUT 45 YEARS, R/O. D. NO. 12-1179/2, ROAD NO.11/1, MAHANADU, TADEPALLI, GUNTUR DISTRICT. 2
...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 direct to register the suit bearing C.F.R.No. 1794 of 2025 dt- 18- 08-2025 on the file of the court of The Civil Judge (Senior Division) Mangalagiri, Guntur, District in the interest of justice and pass IA 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 plaint as well as return endorsement in O.S.No. of 2025 (un-numbered) in (BearingC.F.R.No. 1794 of 2025 dt: 18-08-2025) on the file of the court of the Civil Judge (Senior Division), Mangalagiri, Guntur District, for time being, and to pass Counsel for the Petitioner(S):
1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S):
1. 3
The Court made the following ORDER:
The petitioner has filed a suit for partition of certain properties, which are said to be the properties of joint family consisting of the petitioners as well as 1st respondent. This suit filed before the Civil Judge (Senior Division), Mangalagiri was returned on various occasions.
The last time the suit was returned was on 04.11.2025, with an objection that O.S.No.26 of 2025 had already been filed, by the 1st respondent, before the Civil Judge (Senior Division), Mangalagiri for the same relief and consequently a separate suit may not be maintainable. 2. The petitioner, being aggrieved by the same, has approached this Court by way of the present Revision Petition. 3. The primary contention of the petitioner is that different objections are being taken, at different points of time, and that the suit is not being numbered, which is affecting the interests of the petitioners. 4. In the circumstances, it would be appropriate to relegate the petitioners to the Trial Court, with a further direction to the trial Court to make out a comprehensive list of objections which can be answered by the petitioners. 5. Consequently, this Revision Petition is disposed of with the following directions. i) The petitioners shall represent the bundle before the Civil Judge (Senior Division), Mangalagiri;
4
ii) Upon such representation, the Civil Judge (Senior Division), Mangalagiri shall list out all the objections for numbering of the suit. ii) Upon such objections being set out, the petitioners shall answer the said objections. iii) It is made clear that the Civil Judge (Senior Division), Mangalagiri shall not raise further objections apart from the objections that would be raised upon the bundle being represented by the petitioners, in accordance with the direction No.1 herein. v) The learned Civil Judge (Senior Division), Mangalagiri shall take a decision on the explanation given by the petitioners for the said objections and pass necessary orders of either rejecting the objections or by numbering the suit within a period of seven (7) days from the date on which the petitioners submit their explanation. vi) There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J
Date: 14.11.2025 KA/KSS
5
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
CIVIL REVISION PETITION NO:3113 OF 2025
Date: 14.11.2025 KA/KSS