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2025 DAILYLAW 56761 (AP)

S. ZEENATHUNNISA BEGUM v. SYED SHAHIDA BEGUM

CRP/3330/2025 · 2025-11-27

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010635922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CIVIL REVISION PETITION NO: 3330 OF 2025 Between: 1. S. ZEENATHUNNISA BEGUM, W/o S.M. Salauddin S.M. Sultan, Aged around 67 Years, R/o D.No. 11/103 (Old), Present D.No. 54/103, Kagithalapenta, H/o Chemmumeah Peta, Kadapa City 2. M. Chiraguddin, S/o S.M. Salauddin S.M. Sultan, Aged around 43 Years, R/o D.No. 11/103 (Old), Present D.No. 54/103, Kagithalapenta, H/o Chemmumeah Peta, Kadapa City 3. S.M. Shaikuddin,, S/o S.M. Salauddin S.M. Sultan, Aged around 41 Years, R/o D.No. 11/103 (Old), Present D.No. 54/103, Kagithalapenta, H/o Chemmumeah Peta, Kadapa City ...Petitioners AND 1. SYED SHAHIDA BEGUM, W/o H.S. Azeezuddin, Aged around 70 Years, R/o D.No. 21/122, Gunta Bazaar Street,H/o Seven Roads, Kadapa City 2. 2. S M Azeemuddin, S/o S.M. Salauddin @ S.M. Sultan, Aged around 45 years R/o D.No. 11/103 (Old), Present D.No. 54/103, Kagithalapenta, H/o Chemmumeah Peta, Kadapa City ...Respondents Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed SRK, J CRP No.3330 of 2025 2 herein, the High Court may be pleased to direct the Honble ll Additional Senior Civil Judge, Kadapa, for expediting the disposal of IA No. 323 of 2024 in AS No. 161 of 2024 on the file of the Honble ll Additional Senior Civil Judge, Kadapa (previously IA No. 534 of 2023 in AS No. 53 of 2023 on the file of the Honble I Additional District Judge, Kadapa). Counsel for the Petitioners: SHAIK MD UMAR ABDULLAH Counsel for the Respondents: -- SRK, J CRP No.3330 of 2025 3 The Court made the following ORDER: This Civil Revision Petition has been filed seeking a direction to the learned II Additional Senior Civil Judge, Kadapa, to dispose of IA No.323 of 2024 in AS No.161 of 2024 (previously IA No.534 of 2023 in AS No.53 of 2023 on the file of the learned I Additional District Judge, Kadapa), as expeditiously as possible. 2. 2. Case of the petitioners is that they along with respondent No.2 herein filed OS No.42 of 2016 on the file of the learned Principal Junior Civil Judge, Kadapa, for declaration of their right and title over the suit schedule EFGH portion of plaint plan, for cancellation of registered sale deed bearing document No.4582/2016, dated 14.09.2015, and for grant of permanent injunction restraining respondent No.1 herein from interfering with their peaceful possession and enjoyment of suit schedule ABCDEFG portion of property as per the plaint plan. The trial Court dismissed the said suit and allowed the counter claim filed by respondent No.1 herein, by judgment and decree dated 04.04.2023. Aggrieved by the said judgment and decree, they preferred an appeal in AS No.53 of 2023 on the file of the learned I Additional District and Sessions Judge, Kadapa and along with the said appeal they also filed IA No.534 of 2023 praying to suspend the operation of judgment and decree passed in the suit. Subsequently, the said appeal along with IA was transferred to the Court of the II Additional Senior Civil judge, Kadapa and appeal suit was renumbered as AS No.161 of 2024 and SRK, J CRP No.3330 of 2025 4 suspension petition was renumbered as IA No.323 of 2024 and the same is pending consideration. 3. Learned counsel for the petitioners submits that, in the meantime, respondent No.1 herein filed EP No.255 of 2023 for execution of judgment and decree passed in OS No.42 of 2016 and the trial Court, ignoring the pendency of appeal suit and suspension petition, by an order dated 06.08.2025, directed delivery of possession of subject property and issued delivery warrants, causing irreparable loss and injury to the petitioners. Hence, he prays for a direction for early disposal of IA No.323 of 2024 in AS No.161 of 2024. 4. In view of the aforesaid facts and circumstances, without going into the merits of the case, the learned II Additional Senior Civil Judge, Kadapa, is directed to dispose of IA No.323 of 2024 in AS No.161 of 2024, in accordance with law, as expeditiously as possible, preferably, within a period of four (4) weeks from the date of receipt of a copy of this order. 5. With the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:28.11.2025 Nsr SRK, J CRP No.3330 of 2025 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Civil Revision Petition No.3330 of 2025 Date:28.11.2025 Nsr