¥ V S IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHX VIJAY CIVIL REVISION PETITION NO: 2649 OF 20^3 .Petition under Article 227 of the Constitution of India, aggrieved by the Order dated 28.08.2023 passed in I.A.No.188 of 2021 in O.S.No.1526 of 2012 on the file of the Court of the Additional Civil Judge (Senior Division), Vijayawada, Krishna District. I f Between: Burugula Sridhar, S/o late Subbaramaiah Sarma, Hindu, aged 56 years. Advocate, Door No.4-32, Sundara Nagar, Kakinada. ...PETITIONER AND Kalluri Vasudeva Rao (DIED as per LRs Respondents 16 to 18) 1. 2. Burugula Venka Purnachandra Rao, (DIED) I Kavuri Hymavathi, W/o Lalitha Prasad, Indian, agefi 73 years, retired employee, go Bujji Rao, Door No.5-131/1, Chanda Nagar, Hyderabad. 3. Ratakonda Sri Devi, W/o Narendra Babu, Indian, aged 50 years. Housewife, D.No.61, 1st Main, 1st Block, Vasatha Vallabhanagar, Bangalore. 4. f 5. Ratakonda Narendra Babu, S/o Ayyappa Venkata Swamy, Indian aged 50 years. Business, D.No.61, 1st Maian, 1st Block, Vasatha Vallabhanagar, Bangalore. 6. Raparla Nethaji Babu, (Ex Parte). 7. Lakkaraju Sarat, S/o Venkata Seetha Ramanjaneya Sankara Vara Prasad, Indian, aged 36 years. Business, 716-264, 7th Lane, Sri Nagar, Guntur. 8. Pindrala Pullayya, (Ex Parte). 9. Patibandia Venkata Sivaramakrishna, S/o Satyanarayana, Indian aged 39 years. Cultivation, H.No.1-1,Velagaleru, Marutru Mandal West Godavari District. 10. Kantheti Venkata Sambasiva Rao, S/o Manmadha Rao, Indian, aged 51 years. Cultivation, H.No.1-1,Velagaleru, Marutru Mandal, West Godavari District. 11. Masimukku Subrahmanyeswara Rao, (Ex Parte). 12. Medela Srinivas, (Ex Parte). 13. Maram Lakshmi Kalyani, (Ex Parte). 14. The Special Deputy Collector, Land Acquisition, Right Main Canal, Polavaram, Llnit-2, Collectorate Campus,Eluru. 15. Pingala @ Burugala Gnana Prasunamba, W/o late Birgula Poornact^andra Rao, Indian, aged 66 years. Door No.23-6044, Srinivasa Nilayam, Baburao Meda Street, Satyanarayana Street, Satyanarayanapuram, Vijayawada. 16. Janapala Ramana, 2^"^ wife of Kalluri Vasudeva Rao, aged about 38 years, R/o. 21-12-27, Coconut Garden Street, Madhura Nagar, Vijayawada. 17. Kaluri Abhisekh (through 1®' wife), S/o. Kalluri Vasudeva Rao aged about 32 years, R/o. 21-12-27, Coconut Garden Street, Madhura Nagar, Vijayawada. 10. Kalluri Prkash (through 1®'wife) S/o. Kalluri Vasudeva Rao aged about 43 years, R/o. 21-12-27, Coconut Garden Street, Madhura Nagar, Vijayawada. (Respondent Nos. 16 to 18 have been brought on record as LRs of deceased 1®* Respondent as per Court Order dated:06.05.2025 vide I.A.No.1 of 2024 in CRP.No.2649 of 2023) ...RESPONDENTS lA NO: 1 OF 2023 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 all further proceedings in O.S.No.1526 of 2012, on the file of I Additional Senior Civil Judge, Vijayawada, pending the above Civil Revision Petition. Counsel for the Petitioner: SRI. P RAJASEKHAR Counsel for the Respondents: SRI T V P SAI VIHARf The Court made the following Order: ry APHC010S03212023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 2649/2023 Between: Burugula Sridhar ...PETITIONER AND Kalluri Vasudeva Rao and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.F RAJASEKHAR Counsel for the Respondent(S): 1.T VPSAI VIHARI 2. The Court made the following: HOtjJ’BLE SRf JUSTICE NYAPATHY VIJAY C.R.P.No.2649 of 2023 ORDER: The present Revision Petition is filed questioning the Order dated 28.08.2023 passed in I.A.No.188 of 2021 in O.S.No.1526 of 2012 by the I Additional Senior Civil Judge, Vijayawada, Krishna District. 1 2. The Petitioner herein is the Plaintiff in the suit. The application was filed by the Respondent No. 1/third party. The suit O.S.No.1526 of 2012 was filed for partition of the suit schedule 3. properties into four equal shares and to allot one such share to the Plaintiff. The Petitioner/third party filed the above application seeking to come on record as the Defendant No. 15 on the ground that the Defendant No.1 had sold part of item No.3 of the plaint schedule property i.e. Ac. 1.24 cents out Ac.2.49 cents of agricultural land to the Defendant No. 11 on 03.07.2015 by way of a registered Sale Deed bearing document No.3960 of 2015. The Defendant No.11 thereafter sold the property to the Defendant No. 12 on 12.11.2015 by way of a registered Sale Deed vide document bearing No.7375 of 2015. 4. It is further stated that the Defendant No. 12 further sold the property to the Petitioner on 22.01.2021 for Rs. 15,00,000/- on part- payment and that the Petitioner had paid an amount of Rs.5,00,000/- to the Defendant No. 12 and the Petitioner had paid ah amount of 2 Rs. 15,00,000/- towards consideration. An agreement was executed in favour of the Petitioner. It is further stated that the Petitioner came to know about the acquisition of the property by the Special Deputy Collector, Land Acquisition, Polavaram, Unit-2, Collectorate Campus, Eluru. Hence, the application was filed on the ground that the Defendant Nos. 11 and 12 have no right with regard to the said property or claim compensation. The Petitioner/Plaintiff filed Counter Affidavit contending that the 5: Court in I.A.No.82 of 2013 had granted interim injunction restraining all parties from alienating the property pending disposal of the suit on 25.10.2018 and that the Defendant Nos. 11 and 12 were trying to create documents to defeat the orders of interim injunction in I.A.No.82 of 2013. It is further pleaded that the Petitioner had filed I.A.No.109 of 2018 seeking temporary injunction restraining the Defendant No. 12 from alienating the property covered under the registered Sale Deed dated 12.11.2015 vide document bearing No.7375 of 2015 and the trail Court had passed the order of injunction on 15.11.2018 and the same is in force. The Petitioner contended that the application filed by the Petitioner 6. to come on record is indirect violation of the orders of temporary injunction granted in I.A.No.109 of 2018 and the Defendant No.12 is liable for prosecution for violation of the interim orders passed under Order 39 Rule 2-A of the Civil Procedure Code. 3 7, ,Tt;\e Judgment of this Court in Ramesh Chawla v. N. Sriharil was-.-- - relied on and the trial Court allowed the application on the ground that the aspects raised by the Petitioner would be examined in the course of trial. Hence, the present Civil Revision Petition is filed. Heard Sri P. Rajasekhar, learned counsel for the Petitioner and Sri T.V.P. Sai Vihari, learned counsel for the Respondents., 8. 9. The application filed by the Respondent No.r/third party to implead himself is on the basis of a registered sale agreement which per se would not confer any right to the property. The Respondent No. 1/third party did not file any proof of payment of amounts to the Defendant No. 12 nor any Counter Affidavits were filed by the Defendant No. 12 admitting to the execution of the Agreement of sale. 10. Even assuming that the right is created in favour of the Respondent No.1 pursuant to the agreement of sale, the same being in contravention of the interim order of injunction of the trial Court, the said agreement of sale cannot be sought to be enforced till disposal of suit. The trial Court without noticing these aspects erroneously allowed the application and therefore this Court deems it appropriate to set-aside the order of the trial Court. i 2007 (4) ALT Page 17 4 11. Accordingly, the Civil Revision Petition is allowed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// OFFICER To 1. The 1st Additional CiviUudge (Senior Division), Vijayawada Krishna District. 2. One CC to Sri. P Rajasekhar, Advocate [OPUC] 3. One CC to Sri. T V P Sai Vihari, Advocate [OPUC] 4. The Section Officer, V.R Section, High Court of Andhra Pradesh. 5. Three CD Copies vna •i f r HIGH COURT DATED:06/05/2025 ORDER CRP.No.2649 of 2023 ALLOWING THE CIVIL REVISION PETITION WITHOUT COSTS