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2025 DAILYLAW 53505 (AP)

Tanniru.Padma v. Tanniru.Ramani,

CRP/3254/2024 · 2025-01-02

Venkateswarlu Nimmagadda

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE n PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADD THE CIVIL REVISION PETITION NO: 3254 OF 2024 under Article 227 of the Constitution of India, CRP aggrieved of lA. No. 325 of 2023 in O.S No. 416 of 2023 on the Petition by the non- dispose of the court of Principal Junior Civil Judge, Kandukur, Prakasam District file Between: W/o Subba Rao Tanniru(Late) Age 56, House wife, Medarapalem Village, Singaryakonda Village and Mandal Tanniru.Padma, D.No.6-239, Prakasam District. ...PETITIONER AND 1. Tanniru.Ramani,, W/o Sudhakara Rao, C/o Gunji.Seshaiah Age 38 years. House wife, D.No.6-239, 0pp. Prasanthi Theater, Singarayakonda village and Mandal Prakasam District., AP. W/o Seshaiah, Age 55 years. House wife, D.No.6-239 0pp. Prasanthi Theater, Singarayakonda village and Mandal Prakasam District., AP. 3. Gunji.Seshaiah,, S/o Not known to petitioner. Age 60 years. Business, D.No.6-239, 0pp. Prasanthi Theater, Singarayakonda village and Mandal Prakasam District., AP. 2. Gunji.Ratamma ...RESPONDENTS 1 lA NO: 1 OF 2024 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 dispense with filing of certified copy of lA. No. 325 of 2023 in O.S No. 416 of 2023 on the file of the court of Principal Junior Civil Judge, Kandukur, Prakasam District • Counsel for the Petitioner :SRI. CH NAGENDRA SARMA Counsel for the Respondents:-- The Court made the following: ORDER i APHC010598632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 3254/2024 Between: ...PETITIONER Tanniru.padma AND ...RESPONDENT(S) Tanniru Ramani and Others Counsel for the Petitioner: 1.CH NAGENDRA SARMA Counsel for the Respondent(S): 1. The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 3254/2024 ORDER:- The present Civil Revision Petition is filed by the petitioner seeking a direction to the Trial Court for expeditious disposal of the Interlocutory Application i.e., I.A.No.325 of 2023 in O.S.No.416 of 2023 on the file of the Court of the Principal Junior Civil Judge, Kandukur, Prakasam District. 2. Heard the learned counsel for the petitioner. Learned counsel for the petitioner, would submit that the interlocutory application is filed by the petitioner under Order 39 Rule 1 and 2 of C.P.C., 3. seeking to restrain the defendants/respondents, their men, assignees and legal representatives from interfering with the peaceful possession and enjoyment of the suit schedule property by the petitioner. 3. Learned counsel for the petitioner further submits that the schedule property originally belongs to the petitioner’s husband having acquired the same by way of registered sale deed dated 08.08.1990. Due to ill-health. petitioner’s husband executed a Will dated 24.10.2010 bequeathing the schedule property and another property to the petitioner. After the demise of the petitioner’s husband, as per the terms of the Will, the petitioner came into possession and enjoyment of the schedule property. The petitioner’s name was also mutated in the revenue records. -X, 4. Learned counsel for the petitioner further submits that petitioner’s elder son by name Sudhakar Rao died due to heart attack. The said Sudhakar Rao has no issues. After the demise of Sudhakar Rao, his wife who is the respondent herein along with respondent Nos.2 and 3 without having any right over the schedule property demanding for share in the schedule property and threatening the petitioner with dire consequences. Moreover, the interlocutory application is of the year 2023, the same is pending for consideration. If the temporary injunction is not granted, the petitioner will sustain irreparable loss. Hence, prayed to direct the trial Court to dispose of I.A.No.325 of 2023 in O.S.No.416of2023. 5. Having regard to the submission made by the learned counsel for the petitioner and on perusal of the material placed on record, it is observed that unless a direction is issued to the trial Court for early disposal of the I.A.No.325 of 2023 in O.S.No.416 of 2023, which amounts to abuse of process of law. Hence, this Court deems it appropriate to direct the trial Court to dispose of I.A.No.325 of 2023 in O.S.No.416 of 2023 on the file of the Court of the Principal Junior Civil Judge, Kandukur, Prkasam District. 6. Accordingly, the Civil Revision Petition is disposed of, directing the trial -Court to dispose of the I.A.No.325 of 2023 in O.S.No.416 of 2023 on the file of the Principal Junior Civil Judge, Kandukur, Prkasam District, as early as possible, preferably within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. 4 As sequel thereto, miscellaneous petition, if any, pending shall stand closed. Interim orders, if any, shall stand vacated. 7. Sd/- B.PRASADA RAO ASSISTANT REGISTRAR SECTION OFFICER r / / //TRUE COPY// To 1. The Principal Civil Judge (Junior Division), Kandukur, Prakasam District 2. One CC to Sri. CH Nagendra Sarma, Advocate [OPUC] 3. Three CD Copies HIGH COURT DATED :03/01/2025 I Ot )UN' ?075 I Current beciion » ORDER CRP.No.3254 of 2024 DISPOSING THE CRP