APHC010058852020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 416/2020 Between: 1. D.SUBRAMANYAM REDDY, S/O. GANGA REDDY, HINDU, AGED ABOUT 57 YEARS, CULTIVATION, RESIDING AT PEDA VEPANJERI VILLAGE AND POST, GD NELLORE MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. K RAJESWARI, W/O. LATE K.KRISHNA REDDY, AGED 56 YEARS. 2. K PUSHPALATHA, D/O. LATE K.KRISHNA REDDY, AGED 34 YEARS. 3. K VARALAKSHMI, D/O. LATE K.KRISHNA REDDY, AGED 29 YEARS. 4. K HARI, S/O. LATE K.KRISHNA REDDY, AGED 27 YEARS. 5. K MOUNIKA, D/O. LATE K.KRISHNA REDDY, AGED 24 YEARS. (ALL ARE HINDUS, RESIDING AT PEDDA VEPANJERI VILLAGE AND POST , GD NELLORE MANDAL, CHITTOOR DISTRICT). 2 ...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 toMemorandum of Civil Revision Petition to this Hon'ble Court against the order and decree passed in IA.no.363/2019 in AS.no.80/2015 dated 05-12-2019 on the file of the court the Principal District Judge, Chittoor IA NO: 1 OF 2020 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 AS.No.80/2015 on the file of the court of the Principal District Judge, Chittoor pending CRP in this Honourable Court and pass IA NO: 1 OF 2021 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 extend the interim order granted in IA 1/2020 in CRP. 416/2020 dated 18-02- 2020 pending CRP in this Honble court IA NO: 1 OF 2022 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 be pleased to extend the interim orders dt.17.02.2022 passed in C.R.P.No.416 of 2020 until further orders and pass Counsel for the Petitioner: 1. S LAKSHMINARAYANA REDDY Counsel for the Respondent(S): 1. SURESH KUMAR REDDY KALAVA 3 The Court made the following order: The present revision petition is filed questioning the order dated 05.12.2019, passed in IA No.363 of 2019 in AS No.80 of 2015, on the file of the Principal District Judge, Chittoor. The petitioner filed suit in OS No.479 of 2009, on the file of I Additional Senior Civil Judge Chittoor, for permanent injunction against the respondents. Upon contest, the said suit was dismissed by judgment and decree dated 25.03.2015. 2. Assailing the correctness of the said judgment and decree, the petitioner preferred a regular appeal vide AS.No.80 of 2015, on the file of Principal District Judge, Chittoor. It is further case of the petitioner that, when the matter is posted for arguments, it is noticed that the boundaries of suit schedule property was not correctly mentioned and therefore he filed an interlocutory application, vide IA No.132 of 2019, seeking amendment of the said boundaries. The said application was dismissed by order dated 20.08.2019. Thereafter, the present application is filed under Order 23 Rule 1 CPC, seeking the permission of the Court to withdraw the appeal and to file a fresh suit in respect of the 4 appeal schedule property. The said application was dismissed by impugned order in the present revision petition. 3. Heard learned counsel for the petitioner and learned counsel for the respondents. 4. Perused the material available on record. 5. It is the case of the petitioner that, the boundaries of the suit schedule property were not correctly mentioned in the suit and as well as in the appeal. In order to get it rectified, he filed IA No.132 of 2019, seeking to amend the boundaries of the suit schedule property. The said application was dismissed and the petitioner did not choose to question the said order, thereby the order dated 20.08.2019 passed in IA No.132 of 2019 attained finality. 6. Be that as it may, the petitioner filed the present application vide IA No.363 of 2019, under Order 23 Rule 1 CPC, seeking permission of the court to withdraw the appeal and to file a fresh suit in respect of appeal schedule property. 7. On perusal of the order under challenge, it is clear that, the petitioner is not diligently prosecuting the case on hand right from 5 the institution of the suit. Further, absolutely nothing is forthcoming as to what action he has taken in the matter for amending the boundaries when the suit was pending before the trial court. Though the appeal was filed in the year 2015, till the same is posted for arguments, the petitioner has not taken any action in the matter and thereafter, IA No.132 of 2019 was filed seeking amendment of boundaries which was dismissed by order dated 20.08.2019. Having suffered decree in the suit, and without challenging the order dated 20.08.2019 passed in IA no.132 of 2019, the petitioner cannot be allowed to withdraw the appeal to file a fresh suit in respect of appeal schedule property. If the same is allowed, the rights of the respondents over the appeal schedule property would be at peril. 8. On overall consideration of the facts of the case, it is clear that the petitioner filed the application which is impugned is nothing but an afterthought in order to frustrate the decree passed against him, which cannot be permitted. 9. For the reasons recorded above, this Court does not find any illegality in the order impugned and accordingly the revision petition is dismissed. There shall be no order as to costs. 6 As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Dt.17.07.2025 DSB 7 95 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR CRP.No.416 of 2020 Date: 17.07.2025 U DSB