Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 279 OF 2025 Petition under Article 227 of the Constitution of India, Aggrieved by the Returned Endorsement in IAS.R.No.373 (B) of 2025 in IANo.6 of 2021 in OS No.1/2021 on the file of the Principle Junior Civil Judge At Markapur. Between: Panidepu Vengaiah, S/o Galeiah, Aged about 59 years, Hindu Cultivation, Amanigudipadu, R/o H.No. 2-24 Yarragondapalem Mandal, Prakasam District. Padamati Bazaar, ...Petitioner/Petitioner/Plaintiff AND
1. Kandula Rami Reddy, S/o Narayana Reddy, Financier/Politician, aged about 50 years, Hindu, R/o Door No. 10-91 A, 10‘^ ward, Markapur Town, Prakasam District
2. Byreddy China Gurava Reddy, S/o Gurava Reddy, Aged about 59 years, Hindu, Business, R/o Door No. 9-77, Bestavaripet village AND Post, Bestavaripet Mandal, Prakasam District. ...Respondent/Respondents/Defendants
APHC010058112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 279/2025 Between: ...PETITIONER Panidepu Vengaiah AND ...RESPONDENT(S) Kandula Rami Reddy and Others Counsel for the Petitioner:
1.DEVALARAJU ANIL KUMAR Counsel for the Respondent(S):
1. The Court made the following:
1)^ NO: 1 OF 2025 'v' 4 /^Petition under Section 151 CPC praying that in the circumstances .^stated,fn the affidavit filed in support of the petition, the High Court may be 5)leased to dispense with filing of certified copy of the Docket Orders dt.20.01.2025 passed in I.A.S.R.No.373 (B) of 2025 in I.A.No.6 of 2021 in OS No. 1/2021 on the file of the Principle Junior Civil Judge At Markapur; or pending disposal of the CRP. lA NO: 2 OF 2025 Petition under Order 39 Rulel & 2 r/w Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant ad-interim Injunction restraining the Respondents from interfering with the peaceful possession and enjoyment of the Petitioner over the plaint schedule property in OS No. 1/2021 pending disposal of the I.A.S.R.No.373 (B) in I.A.No.6 of 2021 in OS No.1/2021, on the file of the Principle Junior Civil Judge At Markapur; pending disposal of the CRP.
or Counsel for the Petitioner: Sri Devalaraju Anil Kumar Counsel for the Respondents: None Appeared The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 279/2025
ORDER: The present Revision is filed aggrieved by the returned endorsement in I.A.S.R.No.373(B) of 2025 in I.A.No.6 of 2021 in O.S.No.1 of 2021 on the file of Principle Junior Civil Judge, Markapur. Heard learned counsel for the petitioner.
2. The case of the petitioner is that the petitioner is the plaintiff in
3. O.S.No.1 of 2021 instituted under Section 26 read with Order VII Rule 1 of CPC seeking for permanent injunction against the defendants/ respondents herein, wherein the petitioner herein also filed I.A.No.6 of 2021 seeking interim injunction in O.S.No.1 of 2021 pending suit. After considering the
submissions of the
learned counsel for the petitioner/plaintiff, the Court below passed interim injunction on
07.01.2021. Pending interim direction, the defendants/ respondents herein filed counter affidavit in O.S.No.1 of 2021 but not filed any vacate petition.
Learned counsel for the petitioner submits that to the surprise of
4. the petitioner without there being any vacate petition, the Court below vacated the interim
order dated 07.01.2021 on 11.11.2024, on the ground that both the parties are called absent, no representation. In view of the orders dated 11.11.2024, the petitioner herein filed I.A.(SR).No.373(B) of 2025 in I.A.No.6 of 2021 in O.S.No.1 of 2021
■r seeking restoration of Interim injunction granted in favour of the petitioner on 07.01.2021 but the same was returned on
20.01.2025.
Learned counsel for the petitioner submits that the Court below erroneously returned the I.A.S.R.No.373(B) of 2025 on the ground that on 11.11.2024 the injunction order dated 07.01.2021 is vacated. Since l.A.No.6 of 2021 is pending for consideration before this Court, filing of another l.A. under
Order 39 Rule 1,2 of CPC is not maintainable. As such, I.A.S.R.No.373(B) of 2025 is maintainable and the said order is assailed in this Revision Petition. Having considered the submissions made by the learned counsel for the petitioner and on perusal of the material placed on record, this Court is of the considered view that since the Court below passed an
order on 11.11.2024 vacating the interim order due to no representation of both the learned counsel, the Court below must have been finalized the I.A.No.6 of 2021. Even after lapse of three months without disposing of the I.A., vacating the interim orders is contrary to the code of civil procedure. Keeping l.A. pending without there being any order cannot be permitted.
5. In view of the same, the Court below is directed to dispose of the I.A.No.6 of 2024 by considering the I.A.(SR)No.373(1) of 2025 within a period of three (03) months from the date of receipt of a copy of this
6.
order.
% Accordingly, the present civil revision petition is disposed of. There
7. shall be no order as to costs. Consequently, miscellaneous applications pending if any, shall stand closed.
Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principle Civil Judge (Junior Division), Markapur, Prakasam District.
2. One CC to Sri Devalaraju Anil Kumar, Advocate [OPUC]
3. Three CD Copies SAM sree
HIGH COURT DATED:06/02/2025
ORDER CRP.No.279 of 2025 2» FEB 2025 | ^ . Curfent Section DISPOSING OF THIS CRP WITHOUT COSTS