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2025 DAILYLAW 55895 (AP)

CHALAMASETTI BALA RAMA MURTHY v. CHALAMALASETTI PULLAIAH BABU

CRP/3156/2025 · 2025-11-20

Cheekati Manavendranath Roy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010605392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3163] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CIVIL REVISION PETITION NO: 3156/2025 Between: 1. CHALAMASETTI BALA RAMA MURTHY, S/O.LAKSHMAIAH, AGED ABOUT 75 YEARS R/O.CHINNAPURAM, MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER AND 1. CHALAMALASETTI PULLAIAH BABU, AHALAMALASETTI PULLAIAH BABU S/O.VENKATA RAO, AGED ABOUT 43 YEARS R/O.NUKALAVARIPALEM VILLAGE, CHALLAPALLI MANDAL, KRISHNA DISTRICT. RESPONDENT/ RESPONDENT/PLAINTIFF 2. CHALAMALASETTI BUJJI BABU, S/O.BALA RAMA MURTHY, AGED ABOUT 50 YEARS, R/O.KUKATPALLI, HYDERABAD, TELANGANA STATE. 3. GALLA VAMSI, S/O.GALLA MASTAN RAO, AGED ABOUT 28 YEARS, R/O.TARAKATURU VILLAGE, GUDURU MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): 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 to the above named petitioner begs to present the above Revision Petition in this Hon’ble Court aggrieved by the decree and Order dt17-09-2025 in I.A.No.711 of 2025 in O.S.No.14 of 2023 on the file of the Court of the Hon’ble Civil Judge (Senior Division) at Avanigadda Krishna District 2 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 to grant stay of all further proceedings in O.S.No.14 of 2023 on the file of the Court of the Civil Judge (Senior Division) at Avanigadda, Krishna District, pending disposal of the above Revision Petition in this Hon’ble Court and pass Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. 3 The Court made the following order: Challenging the order dated 17.09.2025 passed in I.A.No.711 of 2024 in O.S.No.14 of 2023 on the file of the learned Civil Judge (Senior Division), Avanigadda, whereby the petition filed under Order 1 Rule 10 CPC to implead the proposed parties as defendant Nos.2 and 3 in the suit was dismissed, the instant civil revision petition has been filed. 2. The petitioner is the defendant in O.S.No.14 of 2023 on the file of the learned Civil Judge (Senior Division), Avanigadda. The suit was filed for recovery of money on the basis of a registered mortgage deed against the petitioner herein. In the said suit, he has filed a petition under Order 1 Rule 10 CPC to implead the proposed parties as defendant Nos.2 and 3 on the ground that the defendant has discharged the debt under mortgage through them. The trial Court dismissed the said application and declined to implead them as defendants in the suit. When it is the case of the defendant that he has paid money to the plaintiff through the proposed parties, they can, at best, be witnesses to the suit on his behalf and they are not at all necessary parties to be added as defendants in the said suit. Therefore, the trial Court has rightly dismissed the said petition. This Court does not find any valid legal ground warranting interference with the impugned order. So, the Civil Revision Petition is devoid of merits. 4 3. Resultantly, the Civil Revision Petition is dismissed. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, in this case shall stand closed. _________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 21.11.2025 MP 5 84 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CIVIL REVISION PETITION No.3156 of 2025 Date:21.11.2025 MP