APHC010443642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI B ^. FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 2302 OF 2025 Petition filed under Article 227 of the Constitution of India, aggrieved by framing of preliminary issues dated 28.04.2025 in OS No. 134 of 2021, on the file of XII Additional District Judge at Vijayawada without framing final settlement of terms under section 80 CPC and without commencement of trail, pending implead petitions I.A No.335/2024 and I.A No. 336/2024, injunction petition, contempt petitions. Between: issues. 1. Prabhala Padma, W/o Madana Gopala Venkata Srinivas, Aged about 58 years, Occ; House Wife and Properties, R/o. D.No. 1-8-136, Ananda Rao Nagar, Spoorthy Gas Agency Temple Alwal, Hyderabad, Telangana - 500010. 2. Vangla Rajyalakshmi, W/o Venkata Jagan Mohan Krishna Sastry, Aged about 53 years, R/o. D.No. 14-111/3, Tadikonda Village, Tadikonda Mandal, Guntur District, Andhra Pradesh. 3. Kunapuli Annapurna, W/o Suryanarayana, Aged about 49 years, R/o. D.No. 32-5-4, Ramasastry Street, Prajasakthi Nagar, Moghalraj Puram, Vijayawada ...Petitioners/Plaintiffs AND 1. Kota Sulochana, W/o Late Venkateswara Sarma, Aged about 69 years, Properties, R/o. D.No. 41-20/1-74, Gunturuvari Veedhi, Krishnalanka, Vijayawada, Krishna District, AP. 2. Kota Hemdhrinath Kedaresa Naga Sai Rama Krishna Haneesh, Aged about 31 years, Properties, R/o. D.No. 41-20/1-74, Gunturuvari Veedhi, Krishnalanka, Vijayawada, Krishna District, Andhra Pradesh. 3. Chillara Sitaphani Krishna Priya, W/o Venkateswara Rao, Aged about 36 years. Properties, R/o. Flat No. 82, Kaveri Nagar, 1st line, Kotturu, Nellore Town, Nellore District, Andhra Pradesh. 4. Kota Sri Sravya, W/o Duvvuri Venkata Adithya, Aged about 37 years. Properties, R/o. D.No. 8-7-27/14 & 5/10, Plot No. 102, Gayathri Residency, R.R.Nagar, Old Boyanapalli, Thirumalgiri, Hyderabad -11, Telangana. ...Respondents/Defendants Counsel for the Petitioners: Sri Srinivasulu.P., Advocate Counsel for the Respondents: The Court made the following order: \ THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 2302 OF 2025 ORDER: Heard Sri P.Srinivasulu, learned counsel for the petitioners. 2. The petitioners are the plaintiffs in O S.No.134 of 2021 pending in the Court of the XII Additional District Judge, Vijayawada. The said suit was filed by the petitioners for partition, in which the learned Trial Court, vide order dated 28.04.2025 framed the following two preliminary issues and fixed the matter for 06.05.2025 for hearing of those preliminary issues. 1. Whether the death of vested remainder holder makes the property as absolute property of life estate holder'^ 2. Whether the suit Is barred by limitation'^ The present Civil Revision Petition under Article 227 of the 3. Constitution of India has been filed, challenging the aforesaid order dated 28.04.2025. Learned counsel for the petitioners submits that the petitioners 4. filed I.A.No.336 of 2024 in the said O.S. to implead the proposed respondents 5 to 7, the subsequent purchasers. He submits that an I.A.No.335 of 2024 was also filed for some direction as those proposed respondents committed disobedience and breach of the 2 He submits that order dated 09.12.2021 of temporary injunction, another I.A.No.334 of 2024 for grant of temporary injunction against the proposed respondents 5 and 6 was also filed. All those petitions pending and the proposed respondents have no right of hearing with respect to the preliminary issues, during pendency of the are applications. Learned counsel for the petitioners further submits that the 5. issues as framed cannot be decided as preliminary issues. After having considered the aforesaid submissions, this Court is of the view that so far as the impugned order is concerned, the learned Trial Court has only framed those two preliminary issues and has fixed the date for hearing of those preliminary issues, petitioners have the opportunity to raise these points as raised before this Court, before the learned Trial Court. Those issues can or cannot be decided as preliminary issues and as to which party is entitled for hearing and which is not these issues can be agitated before the learned Trial Court and if so raised, this Court has no reason to believe that the same shall not be duly considered by the 6. The learned Trial Court. 3 7. So far as the impugned order is concerned, it calls for no interference in the exercise of jurisdiction under Article 227 of the Constitution of India, at this stage of the proceedings. 8. The Civil Revision Petition is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. Sd/- P VINOD KUMAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. XII Additional District Judge at Vijayawada, Krishna District. 2. One CC to Sri Srinivasulu.P., Advocate [OPUC] 3. Two CD Copies GPC sree HIGH COURT DATED; 19/09/2025 ORDER CRP NO. 2302 OF 2025 j DISMISSING THIS CIVIL REVISION PETITION WITHOUT COSTS