1 (RNT,J & MRK,J A.S. NO.1949 OF 2018) APHC010875862018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM FIRST APPEAL NO: 1949/2018 Between: 1. SADA SYAMALAMMA (DIED), WLO. LATE. RAMANAIAH, AGE 78 YEARS, HINDU RESIDING AT WEST OF ANJANEYASWAMY TEMPLE, MYPADU GATE CENTRE, NELLORE. ...APPELLANT AND 1. TANJAVURU SWARNA LATHA, WLO. LATE. F. KRISHNAIAH, HINDU, AGED 70 YEARS, OCC HOUSE WIFE RESIDING AT. D. NO. 12-13700/3, NAGARJUNA NAGAR COLONY, TARANAKA, SECUNDERABAD 2. TANJAVURU SUJAN KUMAR, S/O. LATE. T. KRISHNAIAH, HINDU, AGED 50 YEARS, OCC HOUSE WIFE RESIDING AT. D. NO. 12- 13700/3, NAGARJUNA NAGAR COLONY, TARANAKA, SECUNDERABAD 3. TANJAVURU SAILAJA, W/O. DHANPAL SUBRAHMANYAM, AGED 44 YEARS, OCC HOUSE WIFE D. NO. 12-13700/3, NAGARJUNA NAGAR COLONY, TARANAKA, SECUNDERABAD 4. TANJAVURU SUNITHA, W/O. SHEKHAR PRABHAKAR, AGED 49 YEARS, HINDU, R/O. 1149, MOONING TREE, DRIVER, AGED CHESTER FIELD, MO-63017, USA 5. TANJAVURU BHASKAR, ALLEGED SIO. LATE. SUBRAMANYAM, 2 (RNT,J & MRK,J A.S. NO.1949 OF 2018) S/O. LATE KAMALAMMA, HINDU, AGED 54 YEARS, RIO. D. NO. 23/1154, 1ST FLOOR, ARAVINDA NAGAR, NELLORE 6. TANJAVURU NAGESWARA RAO, ALLEGED S/O. LATE. SUBRAMANYAM, S/O. LATE KAMALAMMA, HINDU, AGED 56 YEARS, RIO. D. NO. 13/629, VENKATTARAYUDU STREET, CHINNA BAZAR, NELLORE 7. MAKEPATI MADHAVA NAIDU, SIO. CHINNA MALAKONDAIAH, HINDU, AGED 39 YEARS, RIO. D. NO. 24/11/644, RAM NAGAR, DARGAMITTA, NELLORE 8. BOMMU RAMI REDDY, S/O. LATE. RAMI REDDY, HINDU, AGED 55 YEARS, RIO. D. NO. 28/1162, KISSAN NAGAR, MYPADU ROAD, NELLORE 9. INAMALA SRIDHAR REDDDY, SIO. RADHA KRISHNA REDDY, HINDU, AGED 48 YEARS, RIO. D. NO. 16/817, 2ND LANE, HARINADHAPURAM, NELLORE. 10. SADA BHASKARAO, S/O. SADA VENKATA SUBBAIAH, AGED 58 YEARS, EMPLOYEE, JAFFAR SAHEB KALUVA KATTA, MYPADU GATE, NELLORE. 11. SADA SESHAGIRI, S/O. LATE. SADA RAMANAIAH, AGED 69 YEARS, BELDARI, R/O. JAFFAR SAHEB KALUVA KATTA, MYPADU GATE, NELLORE 12. SADA SUBRAHMANYAM, S/O. SADA VENKATA SWAMY, AGED 77 YEARS, HINDU, RIO. JAFFAR SAHEB KALUVA KATTA, MYPADU GATE, NELLORE 13. TANJAVURU LEELA MOHAN, S/O LATE. BHASKAR, G. SUPRAJA, AGED 41 YEARS, D. NO. 19/11, MANUMASIDDI NAGAR, OLD PEDDA HOSPITAL ROAD, NELLORE. 14. TANJAVURU SANDHYA, W/O. KOTAMREDDY RAJA REDDY, AGED 39 YEARS, HINDU, D. NO. 138/10, NARASINGARAO PET, G. S. RAO CHEMICAL CENTRE 15. TANJAVURU SWATHI, W/O. DEVASIKHAMANI, AGED 36 YEARS, HINDU, D. NO. 31/8, MAIN ROAD, TIRUVALLUR NAGAR, CHENNAI - 600 118 3 (RNT,J & MRK,J A.S. NO.1949 OF 2018) ...RESPONDENT(S): to submit this Memorandum of Appeal against the judgment and decree passed in O. S. No. 33/2010 dated 27/08/2018 on the file of IV Additional District Judge Nellore IA NO: 1 OF 2018 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 grant temporary injunction in O. S. No. 33/2010 dated: 27/08/2018 on the file of IV Additional District Judge: Nellore, pending hearing of the Appeal, restraining the Respondents from alienating the suit schedule properties or any way encumbering or creating charge over those properties and change the physical features and nature and use of the properties and pass PLAINT SUIT SCHEDULE PROPERTIES Item No. 1 Nellore Registration District, Nellore Sub- Registration, Nellore Bit -II Panchyat, Patta No. 421 Dry Land S. No. 316/1, 21 out of Ac. 0-31 Cents, Ac. 0-17 Cents, S. No. 316/1, 2D out of Ac. 0-28 Cents complete land totaling Ac. 0-45 Cents bounded by East Land of 4 Plaintiff South Land of Sada Ramanaiah devolved upon Plaintiffs 1 and 2. West Land of Sada Subbaramaiah and others North Irrigation Channel. Item No. 2 Nellore Registration District, Nellore Sub- Registration, Nellore Bit -II Panchyat, Jaffar Saheb Kaluvakatta area, C.A.S No. 143, D. No. 44 (old) Block No. 5, 80 Ankanams of site dilapidated tiled house 6 Ankanams etc., bounded by East Sit of Sada Yanadaiah, South Around the house wall of Sada Venkata Ramanaiah, house of Venkata Subbaiah to certain extent, road to certain extent, at present road. West 4 feet wide lane through house compound wall of Sada Venkatata Seshaiah North 6 feet wide land to reach the house of Sada Narasimham, Mitta Venkata Subaiah to go to road through the wet land. Within these boundaries, 80 Ankanams of dilapidated tile house etc., along with all easement rights appended thereto. Item No. 3 Nellore Registration District, Nellore Sub- Registration, Nellore Bit -II Panchyat, Patta No. 421 Dry Land S. No. 316/I 2E out of Ac. 0-31 Cents, Ac. 0-17 Cents, S. No. 316/1, 2D out of Ac. 0-28 Cents complete land totaling Ac. 0-45 Cents bounded by East Land of Sada Ramanaiah devolved upon Plaintiffs 1 and 2. South Land of Sada Ramanaiah devolved upon Plaintiffs 1 and 2, West Land of Sada Ramanaiah devolved upon Plaintiffs 1 and 2 and Also land of Sada Subbaramaiah to 4 (RNT,J & MRK,J A.S. NO.1949 OF 2018) certain extent. North Land of Sada Ramanaiah devolved upon Plaintiffs 1 and 2. With these boundaries, land in an extent of Ac. 0-5/2 Cents of land and way to ingress and egress through the site in CAS No. 143 in between the house compound wall of Sada Venkata Seshaiah and tiled house in Plaint Schedule Item No. 2 width about 4ft to reach the site of Plaint schedule Item No. 3 along with all easement rights appended thereto. Item No. 4 Nellore Registration District, Nellore Sub- Registration, Nellore Bit —II Panchyat, Jaffar Saheb Kaluvakatta area, Patta No. 421 dry land, S. No. 316/1, 2E out of Ac.0-31Cents, East side portion in an extent of Ac. 0-14 Cents or 0-56 Hects of land bounded by East Land of Sada Venkata Seshaiah, Sada Subbaramiah and Sada Venkata Ramanaiah, South Item No. 2 of Plaint Schedule Property. West Land of Sada Ramanaiah devolved upon Plaintiffs 1 and 2. North Irrigation Channel. Venkata Subbaiah to go to road through the wet land. With these boundaries land in an extent of Ac. 0-14 Cents along with all easement rights appended thereto. IA NO: 2 OF 2018 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 grant stay of stay of the operation of judgment and decree in OS.No.33/2010 dated 27/08/2018 on the file of the file of the IV Addl. Dist Judge Nellore pending disposal of the appeal in the interest of justice and with the condition that the Hon'ble Court may be pleased to impose and pass Counsel for the Appellant: 1. G SRAVAN KUMAR Counsel for the Respondent(S): 1. G SRAVAN KUMAR 2. T C KRISHNAN 3. C SUBODH The Court made the following: 5 (RNT,J & MRK,J A.S. NO.1949 OF 2018) JUDGMENT:- (per Hon’ble Sri Justice Ravi Nath Tilhari) This appeal has been filed by the appellants/plaintiffs, aggrieved by the dismissal of their suit for partition and other consequential reliefs, by judgment and decree dated 27.08.2018 passed in O.S.No.33 of 2010 on the file of the IV Additional District Judge, Nellore. 2. The appellants submitted a letter dated 18.09.2025 to the Registrar (Judicial), High Court of Andhra Pradesh, requesting withdrawal of the present appeal on the ground that the matter has been amicably settled out of Court on certain terms and conditions. A copy of the said letter is on record. 3. The matter has been listed under the caption “for withdrawal”. 4. Sri M. Veerendranath, learned counsel representing Sri G. Sravan Kumar, learned counsel for the appellants, submits that in view of the letter dated 18.09.2025, the appeal be dismissed as withdrawn. 5. Recording the same, but without observing anything with respect to the alleged settlement, the Appeal Suit is dismissed as withdrawn. 6 (RNT,J & MRK,J A.S. NO.1949 OF 2018) No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J ______________________________ MAHESWARA RAO KUNCHEAM, J Date : 26.09.2025. RPD. 7 (RNT,J & MRK,J A.S. NO.1949 OF 2018) 233 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM (DISMISSED AS WITHDRAWN) APPEAL SUIT NO: 1949 OF 2018 Date: 26.09.2025 RPD. 8 (RNT,J & MRK,J A.S. NO.1949 OF 2018)