APHC010155782021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3367] WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS APPEAL SUIT NO: 479/2025 Between: 1. KOMMANA VEERA VENKATA KRISHNA RAO, S/O. VENKATRAMAIAH, MALE, HINDU, 60 YEARS, CULTIVATION, VATLURU, ELURU, EJCJC, WEST GODAVARI DISTRICT. 2. KOMMANA VENKATA SRIDHAR,, S/O. NAGESWARA RAO, HINDU, MALE, 41 YEARS. CULTIVATION, VATLURU, ELURU, EUCJC, WEST GODAVARI DISTRICT. 3. ALLA SATYAVANI,, W/O. LATE A.NAGESWARA RAO, FEMALE, 72 YEARS, HINDU, KOWALI, EXJCJC, WEST GODAVARI DISTRICT. 4. ALLA SATYA VEERA POTHU RAJU,, S/O. LATE A.NAGESWARA RAO, MALE, 52 YEARS, HINDU, CULTIVATION, KOWALI, EJCJC, WEST GODAVARI DISTRICT. 5. YANAMADALA RAJA RANI,, W/O. LAKSHMANARAO, HINDU, FEMALE, 50 YEARS. HUSBAND S PROTECTION, KOWALI, EJCJC, WEST GODAVARI DISTRICT. 6. ALLA AMMAJI,, W/O. LATE MURALI KRISHNARAO, FEMALE, 60 YEARS, HINDU, VATLURU, PEDAPADU MANDAL, EKJCJC, WEST GODAVARI DISTRICT. 7. ALLA SATISH, , S/O. LATE MURALI KRISHNARAO, MALE, 40 YEARS, HINDU, VATLURU, PEDAPADU MANDAL, EUCJC, WEST GODAVARI DISTRICT. 8. ALLA SIVARAM,, S/O. LATE MURALI KRISHNARAO, MALE, 38 YEARS, HINDU, VATLURU, PEDAPADU MANDAL, EJCJC, WEST 2 GODAVARI DISTRICT. 9. ALLA SATYAVANI,, D/O. LATE MURALI KRISHNARAO, FEMALE, 37 YEARS, HINDU, VATLURU, PEDAPADU MANDAL, EKFCJC, WEST GODAVARI DISTRICT. ...APPELLANT(S) AND 1. KALIPINDI APPALA NARASAMMA, , W/O. APPARAO, FEMALE, 61 YEARS, HINDU, PROPERTIES AND HUSBANDS PROTECTION, VEERAMMAKUNTA, PEDAPADU MANDAL, EJCJC, WEST GODAVARI DISTRICT. 2. MULAKALA MRUTYUMJAYA, , S/O. LATE SURANNA, MALE, 94 YEARS, HINDU, BUSINESS, 501, DIVYA SAKTHI APARTMENTS, AMEERPET, HYDERABAD. 3. ALLA NAGESWARA RAO, (DIED) 4. ALLA MURALI KRISHNA RAO, (DIED) 5. CHUNDURI RAJA RAJESWARA SARMA, , S/O. LATE RAMA SURYANARAYANA SASTRY, MALE, HINDU, 75 YEARS. EMPLOYEE, BHUVANESWAR, ORISSA STATE. 6. CHUNDURI VENKATESWARLU, S/O. LATE RAMA SURYANARAYANA SASTRY, MALE, 74 YEARS, HINDU, EMPLOYEE, BHUVANESWAR, ORISSA STATE. 7. CHUNDURI SURYANARAYANA, REPRESENTED BY GENERAL POWER OF ATTORNEY HOLDER CHUNDURI BHASKARA RAO, S/O. LATE RAMA SURYA NARAYANA SASTRY, MALE, 72 YEARS, HINDU, EMPLOYEE, DWARAKA TIRUMALA, EJCJC, WEST GODAVARI DISTRICT. 8. CHUNDURI BHASKARA RAO, S/O. LATE RAMA SURYANARAYANA SASTRY, HINDU, MALE, 66 YEARS. BUSINESS, DWARAKA TIRUMALA, EJCJC, WEST GODAVARI DISTRICT. 9. CHUNDURI VENKATA PRABHAKARA RAO, , S/O. LATE RAMA SURYANARAYANA SASTRY, HINDU, MALE, 70 YEARS. BUSINESS, BHIMADOLE, EJCJC, WEST GODAVARI DISTRICT. 3 10. CHUNDURI SUBBA LAKSHMI, REPRESENTED BY GENERAL POWER OF ATTORNEY HOLDER, CHUNDURI RAJA RAJESWARA SARMA, W/O. LATE SIVA SANKAR, FEMALE, 64 YEARS. EMPLOYEES, DWARAKA TIRAIMALA, EJCJC, WEST GODAVARI DISTRICT. 11. KALLURI SUBBA LAKSHMI, REPRESENTED BY GENERAL POWER OF ATTORNEY HOLDER, CHUNDURI BHASKARA RAO, W/O. SURYA PRAKASA RAO, FEMALE, 62 YEARS. HUSBAND S PROTECTION, DWARAKA TIRUMALA, EJCJC, WEST GODAVARI DISTRICT. 12. MOKKAPATI KRISHNA KUMARI, W/O. VASUNDHARA KUMAR, FEMALE, 62 YEARS. HUSBAND S PROTECTION, C/O. CHUNDURI BHASKARA RAO, DWARAKA TIRUMALA, EUCJC, WEST GODAVARI DISTRICT. 13. PATCHA SUBBA RAO, S/O. LATE SITARAMAYYA, MALE, HINDU, 69 YEARS. CULTIVATION, JAGGANNAPETA, TADEPALLIGUDEM. 14. PATCHA VENKATA RAJU, S/O. LATE SITARAMAYYA, HINDU, MALE, 66 YEARS. CULTIVATION, JAGGANNAPETA, TADEPALLIGUDEM. 15. MARADA UMAMAHESWARA RAO, S/O. APPALASWAMY, MALE, HINDU, 56 YEARS. AGRICULTURE, SATRAMPADU, ELURU JCJC, WEST GODAVARI DISTRICT. 16. PUDI KANAKAYYA, S/O. SANYASI, MALE, 69 YEARS, HINDU, PROPERTY, VEERAMMAKUNTA, PEDAPADU MANDAL, EJCJC, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Appellant(S): 1. C V R RUDRA PRASAD Counsel for the Respondent(S): 1. SAI GANGADHAR CHAMARTY The Court made the following: 4 THE HONOURABLE SRI JUSTICE V SRINIVAS APPEAL SUIT No:479 of 2025 JUDGMENT: This Appeal Suit is filed against the order and decree dated 03.09.2019 passed in F.D.I.A.No.330 of 2010 in O.S.No.123 of 1995 on the file of the learned Principal Senior Civil Judge, Eluru, West Godavari District. 2. Heard learned counsel for the appellants and the learned counsel for the respondents. 3. Here is a case the order under challenge in this appeal by the Principal Senior Civil Judge, Eluru, West Godavari District in F.D.I.A.No.330 of 2010 in O.S.No.123 of 1995, dated 03.09.2019. The Suit has been filed, seeking to appoint an Advocate Commissioner to conduct enquiry and for determination of mesne profit as per Decree dated 25.08.1999 for the years 2003-2004 to 2009-2010 and the trial Court passed a final decree by allowing the petition for an amount of Rs.20,14,900/- towards mesne profits to the petitioner/plaintiff from the respondents/defendants with subsequent interest at 6% per annum on the mesne profit amount of Rs.20,14,900/- to be paid within two months from the date of this decree. 4. Against the said order and decree, the respondents in F.D.I.A.No.330 of 2010 in O.S.No.123 of 1995 hereby filed the present Appeal Suit and they are arrayed as the appellants herein. 5 5. During the course of hearing, it is brought to the notice of this Court that a Judgment of larger Bench, consisting of Five Hon’ble Judges of the combined High Court of Andhra Pradesh in Vallabhaneni Lakshmana Swamy and v. Valluru Basavaiah1. Now, it is required to be noted Section 17 of the Andhra Pradesh Civil Courts Act 1972, which reads as follows:- “17. Appeals from the decrees and orders of Courts in the Districts. (1) An appeal shall, when it is allowed by law, lie from any decree or order in a civil suit or proceeding:- (i) of the District Court, to the High Court; (ii) of the Court of Senior Civil Judge,- (a) to the District Court, when the amount or value of the subject matter of the suit or proceeding is [not more than rupees fifty lakhs,] (b) to the High Court ; in other cases ; and (iii) of the Court of Junior Civil Judge, to the District Court. (2). (2). The District Judge may, subject to the orders of the High Court transfer for disposal any appeal from the decree or order of a Court of Junior Civil Judge preferred in the District Court, to any Court of Senior Civil Judge within the district. (3). Where a Court of Senior Civil Judge is established in any district at a place remote from the seat of the District Court, the High Court, may, with the previous sanction of the Government, direct that an appeal from the decree or order of any Court of Junior Civil Judge within the local limits of the jurisdiction of such Court of Senior Civil Judge shall be preferred in the said Court of Senior Civil Judge. Provided that the District Judge may, from time to time, transfer to his own Court, any appeal so preferred, and dispose it of himself”. 1 (2004) 5 ALD 807 6 6. In the present case, the valuation of the appeal is less than fifty lakhs and in view of Section 17 of the Andhra Pradesh Civil Courts Act, 1972, this Court has no pecuniary jurisdiction to entertain the present appeal. 7. Thereby, Registry is directed to remit the present Appeal to the Principal District Court, Eluru, West Godavari District, for disposal of the Appeal in tune with law. The learned Principal District Judge, Eluru, West Godavari District is directed to dispose of the Appeal as expeditiously as possible. 8. Accordingly, this appeal is disposed of. __________________ JUSTICE V.SRINIVAS Date:24.12.2025 KNN 7 224 THE HON’BLE SRI JUSTICE V.SRINIVAS APPEAL SUIT No.479 of 2025 Date: 24.12.2025 KNN