IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B.KRISHNA MOHAN AND HONOURABLE SRI JUSTICE A.HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL Nos: 86 and 90 OF 2025 CIVIL MISCELLANEOUS APPEAL No: 86 OF 2025: Appeal under Order 43, Rule 1 (r) 151 CPC, praying that the High Court may be pleased to allow this CMA by setting aside the Order and Decree dated 03-01-2025 passed in LA. No.1291 of 2024 in O.S. No.29 of 2022 on the file of II Additional District Judge, Kadapa at Proddatur. Between: 1. Eddula Venkata Swaroop Kumar Reddy, aged 56 years. Doctor, R/o.D.No.3/1047, YVR street, Proddatur Town and Mandal, YSR Kadapa District. 2. Eddula Venkata Dhana Lakshmi, W/o.Dr.Eddula Venkata Swaroop Kumar Reddy, aged 56 years, R/o.D.No.3/1047, YVR street, Proddatur Town and Mandal, YSR Kadapa District. 3. Eddula Venkata Rohit Reddy, S/o.Dr.Eddula Venkata Swaroop Kumar Reddy, aged 25 years, R/o.D.No.3/1047, YVR street, Proddatur Town and Mandal, YSR Kadapa District. 4. Eddula Venkata Dheeraj Reddy, S/o.Dr.Eddula Venkata Swaroop Kumar Reddy, aged 28 years. Doctor, R/o.D.No.3/1047, YVR street, Proddatur Town and Mandal, YSR Kadapa District. ...Appellants herein/ Respondents No.7 to 10 in I.A.No.1291 of 2024/ Defendants No.7 to 10 in O.S.No.29 of 2022 AND 1. Dr. Devireddy Sridhar Reddy, S/o.Dr.Devireddy Narayana Reddy (late) aged about 62 years, H.No.113, Spring Village, Water Tank Road Nizampeta, Hyderabad. ...Respondent No.1 herein/ Petitioner in I.A.No.1291 of 2024/ Plaintiff in O.S.No.29 of 2022 2. Dr.Devireddy Narayana Reddy (died), R/o.H.No.6-3-901/900, Cosmopolitan Apartments, Somajiguda, Hyderabad, his L.Rs., 3. Devireddy Srikanth Reddy, aged 58 years. Business, R/o.H.No.6-3- 901/900, Cosmopolitan Apartments, Somajiguda, Hyderabad. 4. Devireddy Sai Pruthvi, aged 31 years. Business, R/o.H.No.6-3-901/900, Cosmopolitan Apartments, Somajiguda, Hyderabad. 5. Devireddy Sai Bharghav, aged 27 years, Business, R/o.H.No.6-3- 901/900, Cosmopolitan Apartments, Somajiguda, Hyderabad. 6. G.Sree Latha, W/o.G.Somasekhar Reddy, aged 59 years. Housewife, C/o.G.Pushpa Latha, R/o.D.No.31/23-6, Andhra Bank Upstairs, Machavaram, SRR and SVR College road, Vijayawada. 7. T.Sree Vani, W/o.T.Mallikarjuna Reddy, aged 58 years. Housewife, R/o.Flat No.501/601/Aditya Hill Top Apartments, Road No.82, Film Nagar, Jubilee Hills, Hyderabad. ...Respondents No.2 to 7 herein/ Respondents No.1 to 6 in I.A.No.1291 of 2024/ Defendants No.1 to 6 in O.S.No.29 of 2022 lA 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 to suspend the Order dated 03-01-2025 passed in I.A. No. 1291 of 2024 in O.S. No.29 of 2022 on the file of 11 Additional District Judge, Kadapa at Proddatur. Counsel for Appellants: SRI V.NITESH Counsel for the Respondent No.1: SRI MUJTAHID HUSSAIN Counsel for the Respondent Nos.3 & 7: None appeared Counsel for the Respondent Nos.4, 5 & 6:-- CIVIL MISCELLANEOUS APPEAL No: 90 OF 2025: Appeal under Order 43, Rule 1 (r) 151 CPC, praying that the High Court may be pleased to allow this CMA by setting aside the Order and Decree dated 03-01-2025 passed in I.A. No.1290 of 2024 in O.S. No.29 of 2022 on the file of II Additional District Judge, Kadapa at Proddatur. Between: 1. Eddula Venkata Swaroop Kumar Reddy, aged 56 years. Doctor, R/o.D.No.3/1047, YVR street, Proddatur Town and Mandal, YSR Kadapa District. Eddula Venkata Dhana Lakshmi, W/o.Dr.Eddula Venkata Swaroop Kumar Reddy, aged 56 years, R/o.D.No.3/1047, YVR street, Proddatur Town and Mandal, YSR Kadapa District. Eddula Venkata Rohit Reddy, S/o.Dr.Eddula Venkata Swaroop Kumar Reddy, aged 25 years, R/o.D.No.3/1047, YVR street, Proddatur Town and Mandal, YSR Kadapa District. Eddula Venkata Dheeraj Reddy, S/o.Dr.Eddula Venkata Swaroop Kumar Reddy, aged 28 years. Doctor, R/o.D.No.3/1047, YVR street, Proddatur Town and Mandal, YSR Kadapa District. 2. 3. 4. ...Appellants herein/ Respondents No.7 to 10 in I.A.No.1290 of 2024/ Defendants No.7 to 10 in O.S.No.29 of 2022 AND Dr. Devireddy Sridhar Reddy, S/o.Dr.Devireddy Narayana Reddy (late) aged about 62 years, H.No.113, Spring Village, Water Tank Road Nizampeta, Hyderabad. 1. ...Respondent No.1 herein/ Petitioner in I.A.No.1290 of 2024/ Plaintiff in O.S.No.29 of 2022 Dr.Devireddy Narayana Reddy (died), R/o.H.No.6-3-901/900, Cosmopolitan Apartments, Somajiguda, Hyderabad, his L.Rs., Devireddy Srikanth Reddy, aged 58 years. Business, R/o.D.No.6-3- 901/900, Cosmopolitan Apartments, Somajiguda, Hyderabad. Devireddy Sai Pruthvi, aged 31 years. Business, R/o.D.No.6-3-901 /900, Cosmopolitan Apartments, Somajiguda, Hyderabad. Devireddy Sai Bharghav, aged 27 years. Business, R/o.D.No.6-3- 901/900, Cosmopolitan Apartments, Somajiguda, Hyderabad. G.Sree Latha, W/o.G.Somasekhar Reddy, aged 59 years. Housewife, C/o.G.Pushpa Latha, R/o.D.No.31/23-6, Andhra Bank Upstairs, Machavaram, SRR and SVR College road, Vijayawada. T.Sree Vani, W/o.T.Mallikarjuna Reddy, aged 58 years. Housewife, R/o.Flat No.501/601/Aditya Hill Top Apartments, Road No.82, Film Nagar, Jubilee Hills, Hyderabad. 2. 3. 4. 5. 6. 7. ...Respondents No.2 to 7 herein/ Respondents No.1 to 6 in I.A.No.1290 of 2024/ Defendants No.1 to 6 in O.S.No.29 of 2022 lA 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 to suspend the Order dated 03-01-2025 passed in I.A. No.1290 of 2024 in O.S. No.29 of 2022 on the file of II Additional District Judge, Kadapa at Proddatur. Counsel for Appellants: SRI V.NITESH Counsel for the Respondent No.1: SRI MUJTAHID HUSSAIN Counsel for the Respondent Nos.5 & 7: None appeared Counsel for the Respondent Nos.3, 4 & 6:-- The Court made the following: COMMON ORDER APHC010067452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL NO: 86/2025 Between: Eddula Venkata Swaroop Kumar Reddy and Others AND Dr Devireddy Sridhar Reddy and Others Counsel for the Appellant(S): I.VNITESH Counsel for the Respondent(S); 1.MUJTAHID HUSSAIN CIVIL MISCELLANEOUS APPEAL NO: 90/2025 ...APPELLANT(S) ...RESPONDENT(S) Between: Eddula Venkata Swaroop Kumar Reddy, and Others AND Dr Devireddy Sridhar Reddy and Others Counsel for the Appellant(S): 1.VNITESH Counsel for the Respondent{S): 1.MUJTAHID HUSSAIN The Court made the following: ...APPELLANT(S) ...RESPONDENT{S) 2 COMMON ORDER: (PerHon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the petitioners and the learned counsel for the respondents. 2. C.M.A.No.86 of 2025 is concerned, both the counsels referred to the order passed by the II Additional District Judge, Proddatur in I.A.No.1291 of 2024 in O.S.No.29 of 2022, dated 03.01.2025. The learned counsel appearing for the appellants/respondent Nos.7 to 10 before the trial Court submits that the respondent Nos.7 to 10 therein purchased the property for living purpose and they do not want to destroy those properties and they do not want to alienate the properties any more pending the suit proceedings. They claim only to make certain improvements for making better living conditions in the dwelling house and as well as in the shop rooms so as to maintain the property intact. However, even after recording the submissions of the said respondents still the trial Court restrained the said respondents from alienating, meddling, transferring, creating charge, mortgaging or dealing with petition scheduled property in any manner pending disposal of the suit by way of granting interim injunction vide order, dated 03.01.2025. The learned counsel for the respondent No.1 also submits that the order of the trial Court is very clear and it does not come in the way of the said 3. respondents from maintaining the property without alienation and other material alterations of the structures. 4. In view of the above said submissions made and upon careful observation of the operative portion of the order passed by the trial Court, 3 dated 03.01.2025 in I.A.No.1290 of 2024 in O.S.No.29 of 2022, this Court is not inclined to interfere with the same. However, it is made clear that the respondent Nos.7 to 10 therein are permitted to continue with the said petitioners’ scheduled property by making necessary maintenance, repairs etc., to up keep the property pending disposal of the suit without claiming any equities. C.M.A.No.90 of 2025 is concerned, the trial Court passed an order in I.A.No.1290 of 2024 in O.S.No.29 of 2022, dated 03.01.2025, restraining the respondent Nos.7 to 10 therein from changing or altering the physical features of the petitioners’ scheduled property till disposal of the suit by way of granting interim injunction. In this, no modification is required. 5. 6. Accordingly, both the appeals are disposed of. The above observation made by this Court is equally applicable in both the orders. There shall be no order as to costs. 7. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- E KAMESWARA RAO JOINT^REGIST^R itol^FFICER //TRUE COPY// SECT To, 1. The II Additional District Judge, Kadapa at Proddatur. (With records) 2. One CC to Sri V.Nitesh, Advocate [OPUC] 3. One CC to Sri Mujtahid Hussain, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravati. 5. Three CD Copies. BSV gi HIGH COURT BSV DATED:24/04/2025 COMMON ORDER CMA.Nos.86 and 90 OF 2025 * 12 JUN 2075 a €o. ^ . Current section . DISPOSING OF THE CMA’S WITHOUT COSTS