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High Court of Andhra Pradesh · body

2025 DAILYLAW 49275 (AP)

Kanchupati Nageswara Rao, v. Nissankararao Raja Govind Naidu,

CRP/2536/2025 · 2025-09-25

Battu Devanand

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010514882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO: 2536/2025 Between: 1. KANCHUPATI NAGESWARA RAO,, S/O. VEERA NAGAIAH, AGED ABOUT 33 YEARS, BUSINESS, MEDAPI VILLAGE, THRIPURANTHAKAM MANDAL, PRAKASAM DISTRICT ...PETITIONER AND 1. NISSANKARARAO RAJA GOVIND NAIDU, S/o Jayprakash, Aged about 41 yrs, Occ.business, R/o D.no-9/355, opp. Malineni engineering college, Pulladigunta, kornepadu, Vatttichrukuru Mandal, Guntur- 522017. ...RESPONDENT 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 set a aside Order in the I.A. No. 291 of 2024 in O.S. No. 505 of 2024 on the file of the Court of II Additional Civil Judge (junior division) , Guntur 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 Pleased to dispense with filing of the original certified copy of the docket order passed in IA 291 OF 2024 IN OS No. 505 of 2024 on the file of the Court of II Additional Civil Judge (Junior Division) Guntur before this Hon’ble Court IA 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 respondent not to interfere with the petitioner’s peaceful 2 possession and enjoyment including forcible eviction of the suit schedule property, except by following due process of law in IA.No. 291 of 2024 in O.S. No. 505 of 2024 on the file the Court of the II Additional Civil Judge (Junior Division), Guntur pending disposal of the civil revision petition Counsel for the Petitioner: 1. KHAJA KHUTUBUDDIN SHAIK Counsel for the Respondent: 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO.2536 of 2025 ORDER: Heard learned counsel for the petitioner and perused the material available on record. 2. This Civil Revision Petition is filed by the petitioner/plaintiff being aggrieved by the non-disposal of I.A.No.291 of 2024 in O.S.No.505 of 2024 on the file of the learned II Additional Civil Judge (Junior Division), Guntur. 3. Learned counsel for the petitioner would submit that the petitioner filed a suit in O.S.No.505 of 2024 on 15.05.2024, seeking grant of interim injunction restraining the respondent/defendant not to interfere with the petitioner’s peaceful possession and enjoyment including forcible eviction of the suit schedule property, except by following due process of law. Along with the suit, the petitioner filed an interlocutory application in I.A.No.291 of 2024, seeking permanent injunction pending disposal of the main suit. 4. The grievance of the petitioner is that from 15.05.2024 to till date, the said interlocutory application is pending for adjudication and due to that reason, the respondent/defendant is interfering with the petitioner’s peaceful possession and enjoyment of the suit scheduled property. 5. It is an admitted fact that the suit in O.S.No.505 of 2024 was filed on 15.05.2024, seeking certain reliefs and along with the suit, the petitioner 4 filed I.A.No.291 of 2024, seeking temporary injunction pending disposal of the same suit; the grievance of the petitioner is that, due to non-disposal of the said interlocutory application, the respondent is interfering with the suit scheduled property. 6. Considering the facts and circumstances of the case, in our considered view, it is appropriate and reasonable to direct the trial Court to dispose of I.A.No.291 of 2024 in O.S.No.505 of 2024 on the file of the learned II Additional Civil Judge (Junior Division), Guntur, within a reasonable period, as expeditiously as possible, to meet the interest of justice. 7. Accordingly, this Civil Revision Petition is disposed of, directing the learned II Additional Civil Judge (Junior Division), Guntur, to dispose of I.A.No.291 of 2024 in O.S.No.505 of 2024 pending on its file, as expeditiously as possible, by following due process of law. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND Date:26.09.2025 SCS 5 84 THE HON’BLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO.2536 of 2025 Dt.26.09.2025 SCS