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2025 DAILYLAW 51639 (AP)

ADDUGULA RAJASEKHAR REDDY v. KASULA SATYAVATHI

CRP/2994/2025 · 2025-11-06

Cheekati Manavendranath Roy

Original Suitbody2025

Judgment text

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APHC010586842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CIVIL REVISION PETITION NOs: 2984, 2992, 2993 AND 2994 OF 2025 CIVIL REVISION PETITION NO: 2984 OF 2025 Between: 1. ADDUGULA RAJASEKHAR REDDY, S/o. Late A. Nagi Reddy,Hindu, aged about 56 years, Occ Business and properties, R/o. H.No. 17/27, Addugula Vari Street, Kodumuru Village and Mandal,Kumool District - 518 464, Andhra Pradesh. ...Petitioner AND 1. KASULA SESHAKUMARI, W/o.SeethaRamanjaneyulu, Hindu, aged about 50 years, R/o.D.No.l 1-3-19, Angadalavaristreet, I Town, Vijayawada, Andhra Pradesh. 2. Late Shaik Moulali, (since deceased) 3. Kama Deva Raju, S/o. Solmen Raju,Hindu, aged about 52 years, D.No.3- 1-228, Beside S.S. Vaibhav Apartment, Near Sitara Function Hall, Ramarajya Nagar, Vidhyadharapuram, Vijayawada, NTR District, Andhra Pradesh. 4. M Ramana Reddy, S/o. M. Poli Reddy, Hindu, aged about 52 years, R/o. YSR Colony, Jakkampudi, Vijayawada, NTR District, Andhra Pradesh. 5. Bandela Baby, Hindu, aged about 42 years, R/o. 2-8-212, Labour Colony, Vijayawada, NTR District, Andhra Pradesh. 6. Shaik Bujji, S/o.late Shaik Moulali,Muslim, aged about 45 years, H.No.75- 6-65,Bhavanipurani, Vijayawada. ...Respondents 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 Allow the Civil Revision Petition by setting aside order dated 01.09.2025 in I.A. No. 851/2025 in O.S. No. 297/2022 and Direct the VII Additional Senior Civil Judge, Vijayawada to issue summons to Assistant Commissioner, VMC to produce documents and give evidence as sought and pass 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 Stay all further proceedings in O.S. No. 297 of 2022 on the file of the VII Additional Senior Civil Judge, Vijayawada; and Stay the operation and effect of the order dated 01.09.2025 passed in I.A. No. 851 of 2025 in O.S. No. 297 of 2022; and and pass Counsel for the Petitioner: PATIL YUGANDHAR REDDY, REPRESENTING BUGULU SREETEJA Counsel for the Respondents: --- CIVIL REVISION PETITION NO: 2992 OF 2025 Between: 1. ADDUGULA RAJASEKHAR REDDY, S/o. Late A. Nagi Reddy,Hindu, aged about 56 years, Occ Business and properties, R/o. H.No.17/27, Addugula Vari Street, Kodumuru Village and Mandal,Kumool District - 518 464, Andhra Pradesh. ...Petitioner AND 1. KASULA CHENCHUSUDHA RANI, a W/o.Venkata Srinivasa Rao, Hindu, aged about 45 years, R/o.D.No.l 1-3-19, Angadalavaristreet, 1T own, Vijayawada. ... Respondent No. 1/Respondent No. 1/Plaintiff 2. 2. Late Shaik Moulali, (since deceased) 3. 3. Kama Deva Raju, S/o. Solmen Raju,Hindu, aged about 52 years, D.No.3- 1-228, Beside S.S. Vaibhav Apartment, Near Sitara Function Hall, Ramarajya Nagar, Vidhyadharapuram, Vijayawada, NTR District, Andhra Pradesh. 4. 4. M Ramana Reddy, S/o. M. Poli Reddy, Hindu, aged about 52 years, R/o. YSR Colony, Jakkampudi, Vijayawada, NTR District, Andhra Pradesh 5. BandelaBaby, Hindu, aged about 42 years, Pbo. 2-8-212, Labour Colony, Vijayawada, NTR District, Andhra Pradesh. 6. 6. Shaik Bujji, S/o.late Shaik Moulali,Muslim, aged about 45 years, H.No.75- 6-65,Bhavanipuram, Vijayawada ...Respondents 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 toaggrieved by the Order dated 01-09-2025 passed by the learned VII Additional Senior Civil Judge, Vijayawada in I.A. No. 852/2025 in O.S. No. 298/2022, whereby the petition for summoning the Assistant Commissioner, Vijayawada Municipal Corporation to produce documents and give evidence under Order XVI Rule 1 and Section 151 of CPC was dismissed, the petitioner prefers this Civil Revision Petition for the following amongst other grounds 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 Counsel for the Petitioner: PATIL YUGANDHAR REDDY, REPRESENTING BUGULU SREETEJA Counsel for the Respondents: --- CIVIL REVISION PETITION NO: 2993 OF 2025 Between: 1. ADDUGULA RAJASEKHAR REDDY, S/o. Late A. Nagi Reddy,Hindu, aged about 56 years, Occ- Business and properties, R/o. H.No.17/27, Addugula Vari Street, Kodumuru Village and Mandal,Kumool District - 518 464, Andhra Pradesh. ...Petitioner AND 1. KASULA VASAVI, W/o.Gurunadham, Hindu, aged about 44 years, R/o.D.No.l 1-3-19, Angadalavaristreet, I Town, Vijayawada, Andhra Pradesh 2. Late Shaik Moulali, (since deceased) 3. Kama Deva Raju, S/o. Solmen Raju,Hindu, aged about 52 years, D.No.3- 1-228, Beside S.S. Vaibhav Apartment, Near Sitara Function Hall, Ramarajya Nagar, Vidhyadharapuram, Vijayawada, NTR District, Andhra Pradesh. 4. M Ramana Reddy, S/o. M. Poli Reddy, Hindu, aged about 52 years, R/o. YSR Colony, Jakkampudi, Vijayawada, NTR District, Andhra Pradesh. 5. BandelaBaby, Hindu, aged about 42 years, R/o. 2-8-212, Labour Colony, Vijayawada, NTR District, Andhra Pradesh. 6. Shaik Bujji, S/o.late Shaik Moulali,Muslim, aged about 45 years, H.No.75- 6-65, Bhavanipuram, Vijayawada. ...Respondents 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 tomay be pleased to Allow the Civil Revision Petition by setting aside order dated 01.09.2025 in LA. No. 850/2025 in O.S. No. 296/2022 and Direct the VII Additional Senior Civil Judge, Vijayawada to issue summons to Assistant Commissioner, VMC to produce documents and give evidence as sought and pass 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 Stay all further proceedings in O.S. No. 296 of 2022 on the file of the VII Additional Senior Civil Judge, Vijayawada; and Stay the operation and effect of the order dated 01.09.2025 passed in I.A. No. 850 of 2025 in O.S. No. 296 of 2022 and and pass Counsel for the Petitioner: PATIL YUGANDHAR REDDY, REPRESENTING BUGULU SREETEJA Counsel for the Respondents: --- CIVIL REVISION PETITION NO: 2994 OF 2025 Between: 1. ADDUGULA RAJASEKHAR REDDY, S/o. Late A. Nagi Reddy,Hindu, aged about 56 years, Occ Business and properties, R/o. H.No. 17/27, Addugula Vari Street, Kodumuru Village and Mandal,Kurnool District - 518 464, Andhra Pradesh. ...Petitioner AND 1. KASULA SATYAVATHI, W/o. K. Venkata Narayana,Hindu, aged about 58 years, R/o. D.No.11-3-19,Angadala Vari Street, I Town, Vijayawada, NTR District, Andhra Pradesh. 2. Late Shaik Moulali, (since deceased) 3. Kama Deva Raju, S/o. Solmen Raju,Hindu, aged about 52 years, D.No.3- 1-228, Beside S.S. Vaibhav Apartment, Near Sitara Function Hall, Ramarajya Nagar, Vidhyadharapuram, Vijayawada, NTR District, Andhra Pradesh. 4. M Ramana Reddy, S/o. M. Poli Reddy, Hindu, aged about 52 years, R/o. YSR Colony, Jakkampudi, Vijayawada, NTR District, Andhra Pradesh. 5. Bandela Baby, Hindu, aged about 42 years, R/o. 2-8-212, Labour Colony, Vijayawada, NTR District, Andhra Pradesh. 6. Shaik Bujji, S/o.late Shaik Moulali,Muslim, aged about 45 years, H.No.75- 6-65,Bhavanipuram, Vijayawada. ...Respondents 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 Allow the Civil Revision Petition by setting aside order dated 01.09.2025 in IA. No. 849/2025 in O.S. No. 295/2022 and Direct the VII Additional Senior Civil Judge, Vijayawada to issue summons to Assistant Commissioner, VMC to produce documents and give evidence as sought and pass 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 Stay all further proceedings in O.S. No. 295 of 2022 on the file of the VII Additional Senior Civil Judge, Vijayawada; and Stay the operation and effect of the order dated 01.09.2025 passed in I.A. No. 849 of 2025 in O.S. No. 295 of 2022; and and pass Counsel for the Petitioner: PATIL YUGANDHAR REDDY, REPRESENTING BUGULU SREETEJA Counsel for the Respondents: --- The Court made the following: Common Order: Since all these revision petitions arise out of the orders passed in four interlocutory applications in four suits filed under Order XVI, Rule 1 of C.P.C., to summon the Assistant Commissioner, Municipal Corporation, Vijayawada, to prove that the tax receipts filed by the plaintiffs are not genuine, they are heard together and are being disposed of by this common order. 2. Heard Sri Patil Yugandhar Reddy, learned counsel, representing Smt. Bugulu Sreeteja, learned counsel for the petitioner in all the revision petitions. 3. The revision petitioner is the 1st defendant in O.S.Nos.297, 298, 296 and 295 of 2022, respectively, on the file of VII Additional Senior Civil Judge’s Court, Vijayawada, Krishna District. The said suits were filed against him and five others for permanent injunction. The 1st defendant filed four interlocutory applications in the said suits vide I.A.Nos.851, 852, 850 and 849 of 2025, respectively, under Order XVI, Rule 1 of C.P.C to summon the Assistant Commissioner, Municipal Corporation, Vijayawada, to prove that the tax receipts produced by the plaintiffs relating to payment of house tax in respect of the houses in question are not genuine. The trial Court dismissed the said applications by separate impugned orders. 4. As all the four suits are filed only for injunction simpliciter, tax receipts are not relevant documents to prove the claims of the plaintiffs for permanent injunction. Therefore, whether tax receipts are genuine or not, is not much material factor to be established in the suits. Having regard to the nature of the suits that are filed, which is for permanent injunction, the determining factor is whether the plaintiffs have been in possession of the suit properties as on the date of filing of the suits or not. Therefore, the impugned orders of the trial Court are sustainable and there are no valid legal grounds to interfere in these revision petitions. 5. Accordingly, these civil revision petitions are dismissed confirming the impugned orders of the trial Court. Pending applications, if any, shall stand closed. No costs. REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. KASULA SESHAKUMARI, W/o.SeethaRamanjaneyulu, Hindu, aged about 50 years, R/o.D.No.l 1-3-19, Angadalavaristreet, I Town, Vijayawada, Andhra Pradesh. 2. Late Shaik Moulali, (since deceased) 3. Kama Deva Raju, S/o. Solmen Raju,Hindu, aged about 52 years, D.No.3- 1-228, Beside S.S. Vaibhav Apartment, Near Sitara Function Hall, Ramarajya Nagar, Vidhyadharapuram, Vijayawada, NTR District, Andhra Pradesh. 4. M Ramana Reddy, S/o. M. Poli Reddy, Hindu, aged about 52 years, R/o. YSR Colony, Jakkampudi, Vijayawada, NTR District, Andhra Pradesh. 5. Bandela Baby, Hindu, aged about 42 years, R/o. 2-8-212, Labour Colony, Vijayawada, NTR District, Andhra Pradesh. 6. Shaik Bujji, S/o.late Shaik Moulali,Muslim, aged about 45 years, H.No.75- 6-65,Bhavanipurani, Vijayawada. 7. One CC to SRI. BUGULU SREETEJA Advocate [OPUC] 8. One CC to SRI. Advocate [OPUC] 9. Two CD Copies 1. KASULA CHENCHUSUDHA RANI, a W/o.Venkata Srinivasa Rao, Hindu, aged about 45 years, R/o.D.No.l 1-3-19, Angadalavaristreet, 1T own, Vijayawada. ... Respondent No. 1/Respondent No. 1/Plaintiff 2. 2. Late Shaik Moulali, (since deceased) 3. 3. Kama Deva Raju, S/o. Solmen Raju,Hindu, aged about 52 years, D.No.3- 1-228, Beside S.S. Vaibhav Apartment, Near Sitara Function Hall, Ramarajya Nagar, Vidhyadharapuram, Vijayawada, NTR District, Andhra Pradesh. 4. 4. M Ramana Reddy, S/o. M. Poli Reddy, Hindu, aged about 52 years, R/o. YSR Colony, Jakkampudi, Vijayawada, NTR District, Andhra Pradesh 5. BandelaBaby, Hindu, aged about 42 years, Pbo. 2-8-212, Labour Colony, Vijayawada, NTR District, Andhra Pradesh. 6. 6. Shaik Bujji, S/o.late Shaik Moulali,Muslim, aged about 45 years, H.No.75- 6-65,Bhavanipuram, Vijayawada 7. One CC to SRI. BUGULU SREETEJA Advocate [OPUC] 8. One CC to SRI. Advocate [OPUC] 9. Two CD Copies 1. KASULA VASAVI, W/o.Gurunadham, Hindu, aged about 44 years, R/o.D.No.l 1-3-19, Angadalavaristreet, I Town, Vijayawada, Andhra Pradesh 2. Late Shaik Moulali, (since deceased) 3. Kama Deva Raju, S/o. Solmen Raju,Hindu, aged about 52 years, D.No.3- 1-228, Beside S.S. Vaibhav Apartment, Near Sitara Function Hall, Ramarajya Nagar, Vidhyadharapuram, Vijayawada, NTR District, Andhra Pradesh. 4. M Ramana Reddy, S/o. M. Poli Reddy, Hindu, aged about 52 years, R/o. YSR Colony, Jakkampudi, Vijayawada, NTR District, Andhra Pradesh. 5. BandelaBaby, Hindu, aged about 42 years, R/o. 2-8-212, Labour Colony, Vijayawada, NTR District, Andhra Pradesh. 6. Shaik Bujji, S/o.late Shaik Moulali,Muslim, aged about 45 years, H.No.75- 6-65, Bhavanipuram, Vijayawada. 7. One CC to SRI. BUGULU SREETEJA Advocate [OPUC] 8. One CC to SRI. Advocate [OPUC] 9. Two CD Copies 1. KASULA SATYAVATHI, W/o. K. Venkata Narayana,Hindu, aged about 58 years, R/o. D.No.11-3-19,Angadala Vari Street, I Town, Vijayawada, NTR District, Andhra Pradesh. 2. Late Shaik Moulali, (since deceased) 3. Kama Deva Raju, S/o. Solmen Raju,Hindu, aged about 52 years, D.No.3- 1-228, Beside S.S. Vaibhav Apartment, Near Sitara Function Hall, Ramarajya Nagar, Vidhyadharapuram, Vijayawada, NTR District, Andhra Pradesh. 4. M Ramana Reddy, S/o. M. Poli Reddy, Hindu, aged about 52 years, R/o. YSR Colony, Jakkampudi, Vijayawada, NTR District, Andhra Pradesh. 5. Bandela Baby, Hindu, aged about 42 years, R/o. 2-8-212, Labour Colony, Vijayawada, NTR District, Andhra Pradesh. 6. Shaik Bujji, S/o.late Shaik Moulali,Muslim, aged about 45 years, H.No.75- 6-65,Bhavanipuram, Vijayawada. 7. One CC to SRI. BUGULU SREETEJA Advocate [OPUC] 8. One CC to SRI. Advocate [OPUC] 9. Two CD Copies HIGH COURT CMRJ DATED:07/11/2025 COMMON ORDER CRP NOs. 2984, 2992, 2993 and 2994 OF 2025