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High Court of Andhra Pradesh · body

2025 DAILYLAW 45720 (AP)

UNNAM ATCHAIAH v. GOLLA KOTAMMA

CRP/2682/2025 · 2025-10-16

Battu Devanand

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010474732025 IN THE HIGH COURT OF ANDHRA PRADESH>^^^^^ AT AMARAVATI ' * " ijj O A '\0 A'ii FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO: 2682 OF 202a Petition under Article 227 of the Constitution of India, is filed praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to direct the learned trial court to dispose of the O.S.No.82 of 2018, pending on the file of learned XIII Additional District Judge, Narasaraopet, in complaince of the instructions issued by High Court in the circular orders in R.O.C.NO.560/OP/CELU2022, dated 23-11-2022 as expeditiously as possible preferably within two (02) months. Between: Unnam Atchaiah, S/o Seethaiah Hindu, Aged about 54 D.No. 15-201, Piduguralla Palandu District, Andhra Pradesh years. Cultivation R/o ...Petitioner / Plaintiff AND 1. GoHa Kotamma, W/o late Koteswararao (died) years. Housewife Hindu, aged about 65 Piduguralla, R/o D.No.3-114, Asanam Bazar Palanadu District, Andhra Pradesh(died) 2. Golla Subba Rao, W/o late Koteswararao Hindu, aged about 47 years R/o D.No.3-114, Asanam Bazar Piduguralla, Palanadu District, Andhra Pradesh 3. Nallabothula Srinivasarao, S/o Koti Veeraiah, Hindu Aged about 37 years. Business R/o D.No.7-135, Piduguralla Palandu District, Andhra Pradesh ...Respondents / Defendants lA NO: 2 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the learned lower court to complete the examination and cross examination of the Defendants, as expeditously as possible preferably within two weeks, in the O.S.No.82 of 2018, pending on the file of XIII Additional District Judge, Narasaraopet. Counsel for the Petitioner: M/S. LEO LAW ASSOCIATES LLP Counsel for the Respondents: -- The Court made the following order: APHC010474732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO: 2682/2025 Between: 1.UNNAM ATCHAIAH, S/0 SEETHAIAH HINDU, AGED ABOUT 54 YEARS, CULTIVATION R/0 D.NO. 15-201, PIDUGURALLA PALANDU DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1.GOLLA KOTAMMA, W/0 LATE KOTESWARARAO (DIED) HINDU, AGED ABOUT 65 YEARS. HOUSEWIFE R/0 D.NO.3-114, ASANAM BAZAR PIDUGURALLA, PALANADU DISTRICT, ANDHRA PRADESH(DIED) 2.GOLLA SUBBA RAO, W/0 LATE KOTESWARARAO HINDU, AGED ABOUT 47 YEARS R/0 D.NO.3-114, ASANAM BAZAR PIDUGURALLA, PALANADU DISTRICT, ANDHRA PRADESH 3.NALLABOTHULA SRINIVASARAO, S/O KOTI VEERAIAH, HINDU AGED ABOUT 37 YEARS. BUSINESS R/0 D.NO.7-135, PIDUGURALLAPALANDU DISTRICT, ANDHRA PRADESH ...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 toPleased to direct the learned trial court to dispose of the O.S.No.82 of 2018, pending on the file of learned XIII Additional District Judge, Narasaraopet, in complaince of the instructions issued by this Hon'ble Court in the cricular orders in R.O.C.No.560/OP/CELL/2022, dated 23-11-2022, as expeditiously as possible preferably within two (02) months, and to pass lA NO: 1 OF 2025 2 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 Pleased to dispense \A/ith filing of the docket orders in the aforesaid suit O.S No.82 of 2018, on the file of the court of the Hounble XIII Additional District Judge, Narasaraopet, in the above CRP, and pass 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 pleased to direct the learned lower court to complete the examination and cross examinaiton of the Defendants, as expeditously as possible preferably within two weeks, in the O.S.No.82 of 2018, pending on the file of learned XIII Additional District Judge, Narasaraopet, and pass Counsel for the Petitioner: 1.LEO LAW ASSOCIATES LLP Counsel for the Respondent(S): 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION No.2682 of 2025 ORDER: Heard learned counsel for the petitioner and perused the material available on record. 2. The Civil Revision Petition is filed aggrieved by the long pendency of suit in O.S.No.82 of 2018 on the file of the learned XIII Additional District Judge, Narasaraopet. Learned counsel for the petitioner would submit that the petitioner herein is the plaintiff in the suit in O.S.No.38 of 2013 on the file of the learned X Additional District Judge, Gurazala, filed for specific performance of the contract dated 26.08.2010. Thereafter, the said suit is renumbered O.S.No.82 of 2018 and pending on the file of the learned XIII Additional District Judge, Narasaraopet. Learned counsel would submit that the trial Court is not conctuding the proceedings in the suit and it is contrary to the circulars issued by High Court in ROC.No.98/OPCELL-E/2025 22.04.2025. Accordingly, he sought to allow the Civil Revision Petition, with a direction to the trial Court to expedite the suit proceedings. 3. as dated Admittedly, the High Court of Andhra Pradesh in the said circular stated that instructions have already been issued on 12.10.2023, wherein ail the judicial officers were directed to emphasize the importance of disposal of 4. 4 Pre-2019 (upto 2018) cases and to achieve the target of 5 + 0 pendency. Thereafter, by a circular dated 22.04.2025, in order to enhance the disposals and reduce backlog cases and to make 5 + 0 meaningful, the High Court directed all the Judicial Officers to take immediate steps for disposal of cases up to and inclusive of 2020 on priority basis i.e. Pre-2021 by giving special emphasis over the cases pending for more than 20 years (where there is no stay) in the respective Courts. In the light of the said circular, this Court is of the opinion that the trial Court has to take up the suit proceedings in O.S.No.82 of 2018 on priority 5. basis. Accordingly, the Civil Revision Petition is disposed of, directing the learned XIII Additional District Judge, Narasaraopet to expedite the suit in 6. O.S.No.82 of 2018 pending on its file on priority basis, as expeditiously as possible, preferably within a period of three (03) months, from the date of receipt of a copy of the order. There shall be no order as to costs. 7. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- B CHITTI JOSEPH DEPUTY REGISTRAR SC //TRUE COPY// SECTION OFFICER To, 1. The XIII Additional District Judge, Narasaraopet. 2. One CC to M/.s Leo Law Associates LLP, Advocate [OPUC] 3. Two CD Copies PR sree HIGH COURT DATED:17/10/2025 ORDER CRP NO. 2682 OF 2025 g( 0 6 NOV 2025 oCjjrrtntSectijjjX*^ rri? Co DISPOSING THE C.R.P. WITHOUT COSTS