APHC010606602023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL MISCELLANEOUS APPEAL NO: 537/2023 Between: 1. DEVARA DESAYYA, S/O LATE THATA, AGED 67 YEARS, D.NO.3-7, DEVUMETTA VILLAGE, KOMMADI, VISAKHAPATNAM. 2. SRI DEVARA THATA RAO,, S/O DESAYYA, AGED 38 YEARS, D. NO.3-11, DEVUMETTA VILLAGE, KOMMADI, VISAKHAPATNAM. 3. SRI DEVARA KANAKA RAJU,, S/O. LATE THATA, AGED 57 YEARS, D.NO.3-11, DEVUMETTA VILLAGE, KOMMADI, VISAKHAPATNAM. 4. SRI DEVARA JAGADEESH KUMAR,, S/O. KANAKA RAJU, AGED 30 YEARS, D.NO.3-11, DEVUMETTA VILLAGE, KOMMADI, VISAKHAPATNAM. 5. SRI DEVARA APPA RAO,, S/O. LATE NARASINGA RAO, AGED 53 YEARS, D.NO. 14-27- 4, ANGATIDIBBA, VISAKHAPATNAM. 6. SRI DEVARA CHANDRA SEKHAR,, S/O. LATE NARASINGA RAO, AGED 46 YEARS, D.NO. 14-27-4, ANGATIDIBBA, MAHARANIPETA, VISAKHAPATNAM. 7. SRI LODAGALA KRISHNA,, S/O APPA RAO, AGED 52 YEARS, D.NO.50-14-14/1, SEETHAMMAPETA, VISAKHAPATNAM ...APPELLANT(S) AND 1. SMT PANKANTI JAYASRI, W/O. SATYANARAYANA PRASAD, AGED 78 YEARS, BALAJI TOWERS, FLATNO.502, BESIDES YMCA, BEACH ROAD, KIRLAMPUDI LAYOUT, VISAKHAPATNAM. 2 2. SRI LODAGALA GURU MURTHY, S/O. APPALA NAIDU, AGED 45 YEARS, DEVUMETTA, NEAR KOMMADI, MADHURAWADA,VISAKHAPATNAM. ...RESPONDENT(S): Appeal Under Section_____against orderspleased to allow the appeal by setting aside the order dt. 24.07.2023 passed in LA. No. 217/2023 in A.S. No. 125/2023 on the file of VI Additional District Judge, Visakhapatnam, in the interest of justice and pass IA NO: 1 OF 2023 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 an interim injunction restraining the defendants from interfering with my possession and enjoyment in respect of the of the schedule property pending determination of the above C.M.A and pass Counsel for the Appellant(S): 1. SIVA RAMA KRISHNA KOLLURU Counsel for the Respondent(S): 1. P RAJASEKHAR The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL MISCELLANEOUS APPEAL NO: 537 OF 2023 ORDER: The present CMA is filed aggrieved by the order dated 24.07.2023 passed in I.A.No.217 of 2023 in A.S.No.125 of 2023 on the file of VI Additional District Judge, Visakhapatnam. 2. Heard learned counsel for the appellants and learned counsel for the respondents. Perused the material on record. 3. The Appellants herein are the plaintiffs in the Suit and the respondents herein are the defendants in the Suit. 4. Learned counsel for the appellants submits that the appellants herein instituted a suit vide O.S.No.74 of 2017 on the file of Court of Principal Junior Civil Judge, Bheemunipatnam seeking for permanent injunction restraining the respondents herein and their men, agents or whosoever acting on their behalf from interfering with the peaceful possession and enjoyment of the suit schedule property. After hearing, the said suit was dismissed vide decree and judgment dated 16.05.2023. Aggrieved by the said decree and judgment, the appellants herein preferred an appeal suit i.e., A.S.No.125 of 2023 on the file of Court of VI Additional District Judge, Visakhapatnam seeking to set aside the dismissal decree and judgment passed in O.S.No.74 of 2017 on the file of Principal Junior Civil Judge, Bheemunipatnam. Pending suit, the petitioners herein filed I.A.No.217 of 2023 seeking to grant ad interim 4 injunction restraining the respondents from interfering with the possession and enjoyment of the petition schedule property pending disposal of the appeal. But the said interlocutory application was dismissed vide order and decree dated 24.07.2023 on the ground that the appellants/ plaintiffs have failed to prove their right and title over the plaint schedule property. Aggrieved by the same, the appellants herein filed the present civil miscellaneous appeal. 5. Learned counsel for the appellants further submits that the appellant No.1 herein is a senior citizen aged about 67 years. Though the petition is pending before the trial Court for a substantial period of approximately two (02) years, the trial Court kept the Appeal Suit pending and is not disposing of the appeal for one reason or the other. Hence, the learned counsel requests this Court, without going into merits of the case to issue an appropriate direction to the trial Court for speedy disposal of the said Appeal Suit. i.e., A.S.No.125 of 2023. 6. On the other hand, learned counsel for the respondents did not oppose the submission made by the learned counsel for the appellants. 7. Considering the submissions of the learned counsel for the appellants and learned counsel for the respondents by taking into consideration of the age of the appellant No.1, the VI Additional District Judge, Visakhapatnam is directed to dispose of the A.S.No.125 of 2023, as expeditiously as possible, preferably within a period of four (04) months from 5 the date of receipt of a copy of this order. Till disposal of the said appeal, both the parties are directed to maintain status quo in respect of the subject property. 8. With the above directions, this Civil Miscellaneous Appeal is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 08.12.2025 BSP 6 45 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL MISCELLANEOUS APPEAL NO:537 of 2023 08.12.2025 BSP