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2025 DAILYLAW 49166 (AP)

Y. Kareem Sab v. Kallamadi Obulamma,

CRP/2006/2025 · 2025-09-22

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010398882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NO: 2006/2025 Between: 1. Y. KAREEM SAB, (DIED REP BY HIS LEGAL REPRESENTATIVES) 2. SATHISH KUMAR,, S/O G.V.CHALAPATHI. AGED ABOUT 42 YEARS. R/O D.NO.8/126, NEAR WATER TANK, PAMIDI VILLAGE AND MANDAL, ANANTAPUR DIST 3. Y.BASHEERUN BEE (DIED), A 4. SADIQ ALI,, S/O LATE Y.KAREEM SAB, AGED ABOUT 45 YEARS, R/O D.NO.7/540, CHAKALI STREET, PAMIDI VILLAGE AND MANDAL, ANANTAPUR DIST. 5. NIZAM ALI, (DIED REP. BY HIS LEGAL REPRESENTATIVES). 6. RIYAZ ALI,, S/O LATE Y.KAREEM SAB, AGED ABOUT 38 YEARS,RO D.NO. 725-40, CHAKALI STREET, PAMIDI VILLAGE AND MANDAL, ANANTAPUR DIST. 7. B.MALIN,, D/O LATE Y.KAREEM SAB, AGED ABOUT 32 YEARS, RIO D.NO. 7/540, CHAKALI STREET, PAMIDI VILLAGE AND MANDAL, ANANTAPUR DIST. (RESPONDENTS 3 TO 7 WERE ADDED AS LEGAL REPRESENTATIVES OF RESPONDENT 1 AS PER THE ORDERS IN I.A.NO.262 OF 2016, DT.23-08-2016) 2 8. SHAHEEN,, W/O LATE NIZAM ALI, AGED ABOUT 35 YEARS, R/O PAMIDI VILLAGE AND MANDAL, ANANTAPUR DISTRICT. 9. MOHAMMAD SHAJID ALI,, S/O LATE NIZAM ALI, AGED ABOUT 10 YEARS. MINOR BY HIS NEXT FRIEND MOTHER AS GUARDIAN BY NAME SHAHEEN. 10. NAHEEDA,, D/O LATE NIZAM ALI, AGED ABOUT 4 YEARS. MINOR BY HIS NEXT FRIEND MOTHER AS GUARDIAN BY NAME SHAHEEN. (RESPONDENTS 8 TO 10 WERE ADDED AS LEGAL REPRESENTATIVES OF RESPONDENT NO. 5 AS THE ORDERS IN I.A.NO.422 OF 2017, DT.23-06-2017) ...PETITIONER(S) AND 1. KALLAMADI OBULAMMA, Wo Late Kallamadi Pedda Gamapaih Aged about 70 years, R/o Pamidi village and Mandal, Anantapur District. ...RESPONDENT Counsel for the Petitioner(S): 1. ELURU SESHA MAHESH BABU Counsel for the Respondent: 1. M KARIBASAIAH 3 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NO: 2006 of 2025 The Court made the following Oral Order: Heard Sri Pathi Siva Prasad, learned Counsel representing Sri Eluru Sesha Mahesh Babu, learned Counsel for the Petitioners and Sri M.Karibasaiah, learned Counsel for the Respondent. 2. The present Civil Revision Petition is filed seeking early disposal of AS No.2 of 2024 filed by the respondent herein. The facts on record would indicate that OS No.42 of 2010 filed by Respondent herein, in the second round of litigation, i.e., after the remand, was dismissed with costs vide Order dated 29.11.2017. As against the Order of dismissal in the OS No.42 of 2010, the Respondent herein preferred First Appeal bearing AS No.2 of 2024. The Defendants in the suit filed the present Civil Revision Petition seeking early disposal of AS No.2 of 2024. 3. Learned Counsel for the Petitioners would submit that the suit itself is filed in the year 2010 and after going through the first round of litigation, the trial Court was pleased to dismiss OS No.42 of 2010 only on 29.11.2017. Since the litigation is now in the year 2025, Counsel for the Petitioners seeks direction from this Court, for early disposal of the Appeal Suit bearing AS No.2 of 2024. 4. Sri M.Karibasaiah, learned Counsel for the Plaintiff/ Respondent seeks a direction from the Court for clubbing another Appeal Suit bearing AS No.20 of 2022. He would submit that 4 some of the parties in the said AS No.20 of 2022 are also parties in AS No.2 of 2024 pending on the file of the VI Additional District & Sessions Judge, Gooty, Anantapur District. There is no Application filed before this Court seeking such prayer and without having the full knowledge of the nature of the Proceedings in AS No.20 of 2022, this Court is not inclined to pass such an order, for clubbing of both the Appeals. 5. In the interest of justice, this Court deems it appropriate to direct the learned VI Additional District & Sessions Judge, Gooty, Anantapur District, to dispose of the Appeal Suit bearing AS No.2 of 2024, within a period of one (01) year, from the date of submission of this Order. 6. With these observations and directions, this Civil Revision Petition stands allowed. No order as to costs. 7. Interlocutory applications, if any, pending shall stand closed. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dated: 23.09.2025 PSA 5 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NO: 2006 of 2025 Date: 23.09.2025 PSA