APHC010192252024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION Nos.986 and 992 of 2024 CIVIL REVISION PETITION NO: 986/2024 Between: 1. ANAGONDI CHANDRASEKHAR, S/O LATE CHENNAIAH @ YERRAIAH, MAJOR, PRIVATE TYPIST, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 2. ANAGONDI BALA MURALI KRISHNA,, S/O LATE CHENNAIAH @ YERRAIAH, MAJOR, GOLDSMITH, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. ...PETITIONER(S) AND 1. ANAGONDI CHENNAIAH, S/O LATE CHENNAIAH @ YERRAIAH, MAJOR, AGRICULTURE, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 2. ANAGONDI ESWARAIAH, S/O LATE CHENNAIAH @ YERRAIAH, MAJOR, AGRICULTURE, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 3. ANAGONDI PITCHAIAH, S/O LATE CHENNAIAH @ YERRAIAH, MAJOR, AGRICULTURE, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 4. ANAGONDI PITCHAMMA, (DIED), 5. ANAGONDI CHINNAKKA, W/O MAJJARI PITCHANNA, MAJOR, HOUSEWIFE, R/O PAKKIRIPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 6. ANAGONDI ESWARAMMA, W/O MEKALA HANUMANTHU, MAJOR, 2 HOUSEWIFE, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 7. ANAGONDI SAROJAMMA, W/O P. NAGAMUNAIAH, MAJOR, HOUSEWIFE, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 8. ANAGONDI GANGAMMA, (DIED), 9. M RAMANAMMA, W/O LATE M. GANGARAJA, MAJOR, WIDOW, R/O SRISDHAR COLONY, SALIPETA, KADAPA CITY, Y.S.R. DISTRICT. 1 10. M RAJESH, S/O LATE M. GANGARAJA, MAJOR, CULTIVATION, R/O SRISDHAR COLONY, SALIPETA, KADAPA CITY, Y.S.R. DISTRICT. 11. M SREEDHAR, S/O LATE M. GANGARAJA, MAJOR, CULTIVATION, R/O SRISDHAR COLONY, SALIPETA, KADAPA CITY, Y.S.R. DISTRICT. 12. M SIVA JYOTHI, D/O LATE M. GANGARAJA, MAJOR, WIDOW, R/O SRISDHAR COLONY, SALIPETA, KADAPA CITY, Y.S.R. DISTRICT. 13. MAJJARI GANGA SEKHAR, S/O LATE ANAGONDI PITCHAMMA @ MAJJARI PITCHAMMA, MAJOR, CULTIVATION, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 14. MAJJARI GANGADHAR, S/O LATE ANAGONDI PITCHAMMA @ MAJJARI PITCHAMMA, MAJOR, CULTIVATION, R/O 9 TH ROAD, DURGAMMA COLONY, KADAPA CITY, Y.S.R. DISTRICT. 15. MAJJARI GANGA SUDHAKAR, S/O LATE ANAGONDI PITCHAMMA @ MAJJARI PITCHAMMA, MAJOR, CULTIVATION, R/O D.NO.9/140, SALIPETA, KADAPA CITY, Y.S.R. DISTRICT. 16. MAJJARI GANGAMMA, D/O LATE ANAGONDI PITCHAMMA @ MAJJARI PITCHAMMA, W/O K. PULLAIAH, MAJOR, HOUSEWIFE, R/O CHENNAIAHPALLI, BADVEL MANDAL, Y.S.R. DISTRICT. 17. ANAGONDI UMA DEVI, W/O BALA MURALI KRISHNA, MAJOR, HOUSEWIFE, R/O D.NO.81/208, PALAPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 18. ANAGONDI ANURATNA, W/O CHANDRA SEKHAR, MAJOR, HOUSEWIFE, R/O D.NO.81/182, PALAPALLI VILLAGE, KADAPA CITY, Y.S.R. 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 3 pleased topleased to set aside the Order dt. 12-02-2024 passed in I.A.No.96/2023 in O.S.No.501/2011 on the file of Hon'ble Additional Senior Civil Judge, Kadapa by dismissing the same and pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case in the interests of justice IA NO: 1 OF 2024 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 STAY all further proceedings in O.S.No.501/2011 on the file of Hon'ble Additional Senior Civil Judge, Kadapa till disposal of the main CRP and pass 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 may be pleased to extend the Interim Order granted on 03-05-2024 in I.A.No.01/2024 in C.R.P.No.986/2024 and extend from time to time and pass Counsel for the Petitioner(S): 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1. M SIVA JYOTHI CIVIL REVISION PETITION NO: 992/2024 Between: 1. ANAGONDI CHANDRASEKHAR, S/O LATE CHENNAIAH @ YERRAIAH, MAJOR, PRIVATE TYPIST, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 2. ANAGONDI BALA MURALI KRISHNA,, S/O LATE CHENNAIAH @ YERRAIAH, MAJOR, GOLDSMITH, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. ...PETITIONER(S) AND 1. ANAGONDI CHENNAIAH, S/O LATE CHENNAIAH @ YERRAIAH, MAJOR, AGRICULTURE, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 2. ANAGONDI ESWARAIAH, S/O LATE CHENNAIAH @ YERRAIAH, MAJOR, AGRICULTURE, R/O PALEMPALLI VILLAGE, KADAPA CITY, 4 Y.S.R. DISTRICT. 3. ANAGONDI PITCHAIAH, S/O LATE CHENNAIAH @ YERRAIAH, MAJOR, AGRICULTURE, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. I 4. ANAGONDI PITCHAMMA, (DIED), 5. ANAGONDI CHINNAKKA, W/O MAJJARI PITCHANNA, MAJOR, HOUSEWIFE, R/O PAKKIRIPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 6. ANAGONDI ESWARAMMA, W/O MEKALA HANUMANTHU, MAJOR, HOUSEWIFE, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 7. ANAGONDI SAROJAMMA, W/O P. NAGAMUNAIAH, MAJOR, HOUSEWIFE, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 8. ANAGONDI GANGAMMA, (DIED), 9. M RAMANAMMA, W/O LATE M. GANGARAJA, MAJOR, WIDOW, R/O SRISDHAR COLONY, SALIPETA, KADAPA CITY, Y.S.R. DISTRICT. 10. M RAJESH, S/O LATE M. GANGARAJA, MAJOR, CULTIVATION, R/O SRISDHAR COLONY, SALIPETA, KADAPA CITY, Y.S.R. DISTRICT. 11. M SREEDHAR, S/O LATE M. GANGARAJA, MAJOR, CULTIVATION, R/O SRISDHAR COLONY, SALIPETA, KADAPA CITY, Y.S.R. DISTRICT. 12. M SIVA JYOTHI, D/O LATE M. GANGARAJA, MAJOR, WIDOW, R/O SRISDHAR COLONY, SALIPETA, KADAPA CITY, Y.S.R. DISTRICT. 13. MAJJARI GANGA SEKHAR, S/O LATE ANAGONDI PITCHAMMA @ MAJJARI PITCHAMMA, MAJOR, CULTIVATION, R/O PALEMPALLI VILLAGE, KADAPA CITY, Y.S.R. DISTRICT. 14. MAJJARI GANGADHAR, S/O LATE ANAGONDI PITCHAMMA @ MAJJARI PITCHAMMA, MAJOR, CULTIVATION, R/O 9TH ROAD, DURGAMMA COLONY, KADAPA CITY, Y.S.R. DISTRICT. 15. MAJJARI GANGA SUDHAKAR, S/O LATE ANAGONDI PITCHAMMA @ MAJJARI PITCHAMMA, MAJOR, CULTIVATION, R/O D.NO.9/140, SALIPETA, KADAPA CITY, Y.S.R. DISTRICT. 16. MAJJARI GANGAMMA, D/O LATE ANAGONDI PITCHAMMA @ MAJJARI PITCHAMMA, W/O K. PULLAIAH, MAJOR, HOUSEWIFE, 5 R/O CHENNAIAHPALLI, BADVEL MANDAL, Y.S.R. DISTRICT. 17. ANAGONDI UMA DEVI, W/O BALA MURALI KRISHNA, MAJOR, HOUSEWIFE, R/O D.NO.81/208, PALAPALLI VILLAGE, KADAPACITY, Y.S.R. DISTRICT. 18. ANAGONDI ANURATNA, W/O CHANDRA SEKHAR, MAJOR, HOUSEWIFE, R/O D.NO.81/182, PALAPALLI VILLAGE, KADAPA CITY, Y.S.R. 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 tomay be pleased to set aside the Order dt. 12-02-2024 passed in I.A.No.230/2023 in O.S.No.501/2011 on the file of Hon'ble Additional Senior Civil Judge, Kadapa by dismissing the same and pass such IA NO: 1 OF 2024 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 may be pleased to STAY all further proceedings in O.S.No.501/2011 on the file of Hon'ble Additional Senior Civil Judge, Kadapa till disposal of the main CRP and pass such Counsel for the Petitioner(S): 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1. M SIVA JYOTHI The Court made the following: 6 COMMON ORDER: Challenging the Common Order passed by the Court below dated 12.02.2024 in I.A.No.96 of 2023 and I.A.No.230 of 2023 in O.S.No.501 of 2011 on the file of the Additional Senior Civil Judge, Kadapa, the present Civil Revision Petitions are preferred, whereby the trial Court allowed the said I.As filed under Order 1 Rule 10 of C.P.C and under Order 6 Rule 17 of C.P.C to implead the respondent Nos.18 and 19 as defendant Nos.18 and 19 by amending the plaint and to add the petition schedule property item Nos.1 to 5 as item Nos.7 to 11 in the suit schedule property. 2. The revision petitioners herein are the defendant Nos.3 and 4 and the respondents herein are the plaintiff and the other defendants in O.S.No.501 of 2011. 3. The brief facts are that the plaintiff filed O.S.No.501 of 2011, seeking partition of Item Nos.1 to 6 into 6 equal shares by metes and bounds. Pending the suit, the plaintiff filed I.A.No.96 of 2023 and I.A.No.230 of 2023 under Order I Rule 10 of C.P.C, requesting the Court below to implead the defendant Nos.18 and 19 by amending the plaint on the ground that in November, 2018 the plaintiff came to know that the defendant Nos.3 and 4 purchased the properties which are shown as Item Nos.7 to 11 in their names and also in the names of their wives out of the income derived from the plaint schedule property. As such, the said properties are to be treated as the Joint Family properties of the plaintiff and the defendants. The said applications were allowed by the Court below vide orders dated 12.02.2024, stating that as 7 the plaint schedule properties were purchased by Defendant Nos.3 and 4 in the names of their wives out of the income derived from the petition schedule property. 4. The petitioners mainly contending that the proposed amendments and impleadments, if allowed, would not change the nature of the suit as the same is filed for partition. It is also said that, if the plaint is not amended, it will lead to multiplicity of proceedings. Apart from that, no prejudice would be caused, even if the amendment and impleadment are allowed at this stage, as the trial has not yet commenced though it is of the year 2011. In the present case, the I.A.No.96 of 2023 under Order 1 Rule 10 of C.P.C, which deals with impleading the respondent Nos.18 and 19 as defendant Nos.18 and 19 by amending the plaint. For better appreciation of the case, this Court feels it appropriate to extract Order 1 Rule 10 of C.P.C and Order VI Rule 17 of C.P.C, which reads as follows:- “Order 1 Rule 10 of C.P.C enables the Court to add or substitute:- 1) Any person as a party at any stage of the proceedings. 2) The person whose presence before the Court is necessary in order to enable the Court effectively and completely adjudicate upon and settle all the questions involved in the suit. This also enables the Court to avoid multiplicity of proceedings.” 8 “Order VI Rule 17 : Amendment of Pleadings:- The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties : Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that inspite of due diligence, the party could not have raised the matter before the commencement of trial.” 5. Admittedly, it is the case of the plaintiff that during the pendency of the suit, he came to know that the defendant Nos.3 and 4 had purchased some other properties viz., Item Nos.7 to 11 in their names and also in the names of their wives from the income derived from the plaint schedule properties, which form part of the joint family property yet to be partitioned between the plaintiff and the defendants. Therefore, the Trial Court has rightly allowed the applications to avoid the multiplicity of the proceedings. If at all their case is that the Item Nos.7 to 11 are not part of the Joint Family property, they are at liberty to adduce evidence to establish that those properties were purchased from their independent income and not from the income derived from the joint family property. 9 6. In view of the foregoing discussion, this Court does not find any merit in these present Civil Revision Petitions and the same are liable to be dismissed. 7. Accordingly, the Civil Revision Petitions are dismissed. No costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE V.SUJATHA Date: 21.11.2025 SCS/PBS 10 354 THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION Nos.986 and 992 of 2024 Dated: 21.11.2025 SCS/PBS