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2025 DAILYLAW 56260 (AP)

ADUSUMILLI LAKSHMI v. ADUSUMILLI PADMA(DIED)

CRP/1420/2025 · 2025-12-18

Cheekati Manavendranath Roy

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010300612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3163] FRIDAY,THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CIVIL REVISION PETITION NO: 1420/2025 Between: 1. ADUSUMILLI LAKSHMI, ADUSUMILLI LAKSHMI, W/O.LATE NAGA VARA PRASAD, AGED 53 YEARS R/O.TIRUVURU, NTR DISTRICT. ...PETITIONER AND 1. ADUSUMILLI PADMADIED, (DIED) 2. ADUSUMILLI NAGAVARA PRASAD, (DIED) 3. ADUSUMILLI GOPAL RAO, (DIED) 4. SITALA KRISHNAVENI, W/O.VENKATESWARA RAO, AGED ABOUT 70 YEARS R/O.PAMARRU VILLAGE AND MANDAL, KRISHNA DISTRICT. 5. LIYAAKHATH ALIKKHAN, (DIED) 6. SAJJELAKHAN, S/O.LIYAKHATH ALI KHAN, AGED ABOUT 68 YEARS, R/O.D.NO.12-4-1, PEENA MOHAMMAD STREET, TARAPET, VIJAYAWADA, NTR DISTRICT. 7. GUFRAN JUNEDKHAN, S/O.LIYAKHATH ALI KHAN, AGED ABOUT 48 YEARS, R/O.D.NO. 12-3-17, PEENA MOHAMMAD STREET, TARAPET, VIJAYAWADA, NTR DISTRICT. 8. TEHSEEN KHATOON, W/O.KHAZA MOINUDIN CHISTI, AGED ABOUT 52 YEARS, R/O.D.NO. 12-4-1, PEENA MOHAMMAD STREET. TARAPET, VIJAYAWADA, NTR DISTRICT. 2 9. IMRANKHAN, S/O.LIYAKHATH ALI KHAN, AGED ABOUT 50 YEARS, R/O.D.NO. 12-4-1, PEENA MOHAMMAD STREET, TARAPET, VIJAYAWADA, NTR 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 tobegs to present the above Revision Petition in this Hon'ble Court aggrieved by the Order dt 21-04-2025 in I.A.No.236 of 2025 in O.S.No.18 of 2012 on the file of the Court of the Hon'ble XI Addl. District Judge, Gudivada Krishna District, for the following among other 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 grant stay of all further proceedings in O.S.No.18 of 2012 on the file of the court of the XI Addl. District Judge, Gudivada, Krishna District, pending disposal of the above Revision Petition in this Hon’ble Court and pass Counsel for the Petitioner: 1. MUDUNURI ANAND KUMAR Counsel for the Respondent(S): 1. 3 The Court made the following: ORDER: This Civil Revision Petition is directed against the order dated 21.04.2025 passed in I.A. No.236 of 2025 in O.S. No.18 of 2012, on the file of the learned XI Additional District Judge, Gudivada, whereby the petition filed under Order XVIII, Rule 17 and Section 151 of CPC to recall P.W.1 to P.W.5 for further cross-examination and to reopen the suit was dismissed. 2. Heard the learned counsel for the petitioner. 3. The petitioner is defendant No.2 in O.S. No.18 of 2012. The suit was filed for cancellation of an unpossessory agreement of sale-cum-GPA, dated 10.12.2009, executed in favour of the defendant, who was the sole defendant in the suit originally. The sole defendant died and thereafter defendant Nos.2 to 5 were added as his legal representatives. The trial of the suit was completed and the suit was posted for hearing arguments. At that stage, the defendant filed an application for recall of P.W.1 to P.W.5 for further cross- examination and to reopen the suit. The trial Court dismissed the said application on the ground that the petitioner admitted the case of the plaintiff in the cross-examination. Therefore, when the petitioner admitted the case of the plaintiff in the cross-examination, the necessity to recall the witnesses P.W.1 to P.W.5 for further cross-examination does not arise at all. 4. Therefore, the trial Court rightly dismissed the said application, which was filed at the fag end of the trial. The suit is of the year 2010, which is an old suit. Now, after the trial is concluded and at the fag end of the suit, when it is ripe for disposal, the present petition is obviously filed to further protract the trial of the suit and to prevent its disposal. Therefore, this Court does not find any valid legal ground warranting interference in this Civil Revision Petition to entertain the same. 4 5. In fine, this Civil Revision Petition is dismissed, confirming the order of the trial Court. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 19.12.2025 MH 5 122 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CIVIL REVISION PETITION NO: 1420/2025 Date: 19.12.2025 MH