APHC010068532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION Nos.402. 403, 408 and 446 of 2025 CIVIL REVISION PETITION No.402 of 2025 Petition under Article 227 of the Constitution of India, aggrieved by the order and decretal order dated 03.07.2024 passed in I.A.No.55 of 2023 in O.S.No.147 of 2014 on the file of the Additional Junior Civil Judge, Hindupur, Anantapur District. Between: K.Anjinappa, S/o. Narsimhappa, Aged about 45 years, Occ: Coolie, R/o.Lepakshi Village and Mandal, Sri Sathya Sai District Erstwhile Anantapur District. ...PETITIONER/PETITIONER/DEFENDANT AND D Shahina Begum, W/o. Mohammad Rafi, Major, Occ: Sinecure, R/o.D.No.4-38, Lepakshi Village and Mandal, Sri Satya Sai District Erstwhile Anantapur District. ...RESPONDENT/RESPONDENT/PLAINTIFF / lA NO: 1 OF 2025 the circumstances ‘ - Petition under Section 151 of CPC praying that in l^tn^he affidavit hied in suppod of the petition, the High Court nray he t ‘ in n S No 147 of 2014 on the file of the pleased to stay all further proceedings in O.S.No, , „ p 402 Addifional Junior Civil Judge, Hindupur, pending disposal of C. . . • -Jr «" of 2025. : SRI P NARAHARI BABU ; SRI N RANGA REDDY Counsel for the Petitioner Counsel for the Respondent rfvISIQN petition No.403 of 2025 CIVIL of India, aggrieved by the I.A.No.56 of 2023 in Additional Junior Civil Judge, Hindupur, under Article 227 of the Constitution order dated 03.07.2024 passed in Petition order and decretal O.S.No.147 of 2014 on the file of the Anantapur District. Between: ,, Occ: Coolie, Sai District Erstwhile , Narsimhappa, Aged about 45 years and Mandal, Sri Sathya _ K.Anjinappa, S/o R/o.Lepakshi Village Anantapur District. ...PETITIONER/ PETITIONER/DEFENDANT AND Mohammad Rafi, Major, Occ: Sinecure, Mandal, Sri Satya Sai District D Shahina Begum, W/o. R/o.D.No.4-38, Lepakshi Village and Erstwhile Anantapur District ...respondent/RESPONDENT/PLAINTIFF lA NO: 1 OF 2025 the circumstances under Section 151 of CPC praying that in stated in the affidavit fiied in support of the petition, the High Court may be pieased to stay all further proceedings in O.S.No.147 of 2014 on the file of the Additional Junior Civil Judge, Hindupur, pending disposai of the C.R.P.No.403 Petition i of 2025. ; SRI P NARAHARI BABU Counsel for the Petitioner Counsel for the Respondent : SRI N RANGA REDDY ri\/ii RFVISIQN PETITiON No.408 of 2025 227 of the Constitution of India, aggrieved by the Petition under Article order dated 03,07.2024 passed in i.A,No.57 of 2023 in O.S.No.147 of 2014 on Additional Junior Civil Judge, Hindupur, Anantapur District. the file of the Between: Occ; Coolie, S/o. Narsimhappa, Aged about 35 years Mandal, Sri Sathya Sai District Erstwhile K.Anjinappa R/o.Lepakshi Village and Anantapur District. ...PETITIONER/ PETITIONER/DEFENDANT AND Mohammad Rafi, Major, Occ; Sinecure, and Mandal, Sri Satya Sai District D Shahina Begum, W/o. R/o.D.No.4-38, Lepakshi Village Erstwhile Anantapur District. ...respondent/ respondent/plaintiff lA NO: 1 OF 2025 that in the circumstances support of the petition, the High Court may be Petition under Section 151 of CPC praying stated in the affidavit filed in pleased to stay all further proceedings in O.S.No.147 of 2014 on the file of the Additional Junior Civil Judge, Hindupur, pending disposal of the C.R.P.No.408 of 2025. : SRI P NARAHARI BABU Counsel for the Petitioner Counsel for the Respondent : SRI N RANGA REDDY CIVIL REVISION PETITION No.446 of 2025 Petition under Article 227 of the Constitution of India, aggrieved by the and decretal order dated 03.07.2024 passed in I.A.No.58 of 2023 in order O.S.No.147 of 2014 on the file of the Additional Junior Civil Judge, Hindupur Anantapur District. Between: K.Anjinappa, S/o. Narsimhappa, Aged about 45 years, Occ; Coolie, R/o.Lepakshi Village and Mandal, Sri Sathya Sai District Erstwhile Anantapur District. ...PETITIONER/ PETITIONER/DEFENDANT AND Shahina Begum, W/o. Mohammad Rafi, Major, Occ: Sinecure, Lepakshi Village and Mandal, Sri Satya Sai District D R/o.D.No.4-38 Erstwhile Anantapur District. ...RESPONDENT/ RESPONDENT/PLAINTIFF lA NO: 1 OF 2025 under 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 stay all further proceedings in O.S.No.147 of 2014 on the file of the Additional Junior Civil Judge, Hindupur, pending disposal of the C.R.P.No.446 of 2025. Petition ■ "S : SRI P NARAHARI BABU Counsel for the Petitioner Counsel for the Respondent ; SRI N RANGA REDDY ■ / '*'/ The Court made the following COMMON ORDER : 3 APHC010068532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] r FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NOS: 402. 403. 408 & 446 OF 2025 CIVIL REVISION PETITION NO: 402 OF 2025 Between: AGED ABOUT 45 YEARS, R/O.LEPAKSHI VILLAGE AND MANDAL, 1.K.ANJINAPPA,, S/0. NARSIMHAPPA, OCC- COOLIE, SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRIC SRI ...PETITIONER AND 1.D SHAHINA BEGUM, W/0. MOHAMMAD RAFI, MAJOR, OCC- SINECURE, R/O.D.NO.4-38, LEPAKSHI VILLAGE AND MANDAL, SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. ...RESPONDENT Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent: 1.N RANGA REDDY 4 CIVIL REVISION PETITION NO: 403 OF 2025 Between: 1.K ANJINAPPA, S/0. NARSIMHAPPA, AGED ABOUT 35 YEARS, OCC COOLIE, R/O.LEPAKSHI VILLAGE AND MANDAL, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT ...PETITIONER AND 1.D SHAHINA BEGUM, W/0. MOHAMMAD RAFI SINECURE, R/O.D.NO.4-38, SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. MAJOR, OCC LEPAKSHI VILLAGE AND MANDAL, ...RESPONDENT Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent: 1.N RANGA REDDY CIVIL REVISION PETITION NO: 408 OF 2025 Between: 1.K ANJINAPPA, OCC COOLIE, SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT S/0. NARSIMHAPPA, AGED ABOUT 35 YEARS, R/O.LEPAKSHI VILLAGE AND MANDAL, SRI ...PETITIONER AND 1.D SHAHINA BEGUM, W/0. MOHAMMAD RAFI SINECURE, R/O.D.NO.4-38, SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT MAJOR, OCC LEPAKSHI VILLAGE AND MANDAL, ...RESPONDENT 5 i' Counsel for the Petitioner: 1.P NARAHARI BABU r Counsel for the Respondent: 1.N RANGA REDDY CIVIL REVISION PETITION NO: 446 OF 2025 Between: 1.K ANJINAPPA, S/0. NARSIMHAPPA, AGED ABOUT 36 YEARS, OCC COOLIE, R/O.LEPAKSHI VILLAGE AND MANDAL, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT . ...PETITIONER AND 1.D SHAHINA BEGUM, W/0. MOHAMMAD RAFI, MAJOR, OCC SINECURE, R/O.D.NO.4-38, LEPAKSHI VILLAGE AND MANDAL, SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. ...RESPONDENT Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent: 1.N RANGA REDDY 6 The Court made the following COMMON ORDER: Heard Sri P.Narahari Babu, learned Counsel for the Petitioners and Sri N.Ranga Reddy, learned Counsel for the Respondents. The Petitioner herein (in all the Civil Revision Petitions) is the Defendant in the suit. The Respondent is the Plaintiff. The Petitioner herein has filed four Revision Petitions seeking the following reliefs; 2. SI. Case Number Related lA in Trail Court Purpose of filing lA in Trial Court No. 1 CRP No.402 of 2025 I.A.No.55 of 2023 in O.S.No.147 of 2014 dated 03.07.2024 Filed under Order 26 Rule 9 of CPC. For appointment of Advocate Commissioner to note down the boundaries and other physical features with the help of Mandal Surveyor. 2 CRP No.446 of 2025 I.A.No.58 of 2023 O.S.No.147of2024 Dated 03.07.2024 Filed under Section 151 of CPC. in Seeking reopen the suit for appointment of Advocate Commissioner to note down the physical features by marking the registered sale deed dated 24.09.2007. 3 CRP No.403 of 2025 I.A.No.56 of 2023 in O.S.No.147 of 2014 dated 03.07.2024 Filed under Order 18 Rule 17 of CPC. For recall of D.W.1 for the purpose of marking the CC of Registered Sale Deed dated 24.09.2007. 4 CRP No.408 of 2025 I.A.No.57 of 2023 in O.S.No.147 of 2014 dated 03.07.2024 Filed under Order 8 Rule 1-A of CPC To receive the documents mentioned in the petition i.e., CC Registered Sale Deed 7 executed by Anjanappa (the Defendant) in favour of D. Mohammad Rafi vide Doc.No.4971 of 2007 dated 24.09.2007. r 3. The Respondent (Plaintiff) has filed the suit bearing O.S.No.147 of 2014 seeking Permanent Injunction in respect of the Suit Schedule Property on the file of Civil Judge (Junior Division), Hindupur. The stage of the Suit is that the arguments from the Plaintiffs side are completed and the defendant/Petitioner herein was to advance arguments. At this stage, the Defendant/Petitioner herein has filed four Interlocutory Applications seeking various reliefs. I.A.No.56 of 2023 is filed to recall the Petitioner’s evidence (as D.W.1) for the purpose of marking the Certified Copy of the Registered Sale Deed dated 24.09.2007 and I.A.No.57 of 2023 is filed to accord permission to file the said Registered Sale Deed dated 24.09.2007. This apart, I.A.No.58 of 2023 is filed seeking to re-open the above suit for appointment of Advocate Commissioner to note down the physical features in terms of the Registered Sale Deed dated 24.09.2007 and I.A.No.55 of 2023 is filed seeking appointment of Advocate Commissioner to note down the boundaries and other physical features with the help of Mandal Surveyor in respect of the Petition Schedule Property. 4. It is to be noted that all the Applications were filed on the same date that is on 10.02.2023. The above facts would indicate that two Interlocutory Applications (I.A.Nos.55 and 58 of 2023) are filed for appointment of Advocate Commissioner and for noting down the boundaries and other physical features with the help of the Mandal Surveyor in respect of the Petition Schedule Property as per the description in the Certified Copy of the Sale Deed dated 24.09.2007. The other set of two Interlocutory Applications (I.A.Nos.56 and 57 of 2023) are filed seeking to mark the Certified Copy of the Sale Deed dated 24.09.2007 and to recall the D.W.1 (Defendant/Petitioner herein) and 5. 8 for recording the additional evidence in relation to Certified Copy of the Sale Deed dated 24.09.2007. for the Petitioner has placed reliance on the of the Hon’ble Supreme Court in Levaku Pedda Learned Counsel unreported judgment Reddamma & Ors. vs. Gottumukkala Venkata Subbamma & Ann 2022 LiveLaw (SC) 533. The Order of the Hon’ble Supreme Court, on which the Petitioner has placed reliance, is a short Order in which no specific law has the extent that the Hon’ble Apex Court has 6. been laid down, except to reiterated the phrase that the rules of procedure are the hand-maiden of and that the parties should be permitted to file an Affidavit of evidence, the documents produced by the Defendant. The stage or the justice if any, based on time at which the parties had moved the Court under Order Vlll, Rule 1 of C.P.C is not stated in the said order. In the present case, the evidence of both parties had been adduced and behalf of the Plaintiff were also completed. 7. thereafter, the submissions on When the Suit was posted for hearing the submissions of the Defendant, the the abovementioned four Interlocutory Applications, which Defendant moved were rejected by the Trial Court. other hand, the Learned Counsel for the Respondent has placed 8. On the Judgement rendered by the Coordinate Bench of this Court in reliance on a Battini Srinivas Rao vs. Konuri Venkata Chalapathi Rao (m C.R.P. No. 1853 of 2023, dated 18.08.2023). Facts in that case are somewhat similar to the present case in so far as the stage at which the parties filed The Coordinate Bench of this Court was considering a similar the facts in Applications. Application for recalling DW1 and DW3 therein for further cross-examination. Learned Single Judge has considered the fact that the trial has both sides and posted for arguments and that thereafter, both sides and posted for Judgment. Under such 9. The been completed on the matter was heard on 9 circumstances, the Learned Single Judge has declined to interfere in C.R.P.No.1853 of 2023 and have dismissed the same. 10. In the instant Civil Revision Petitions, vide separate Orders dated 03.07.2024 all the above mentioned Interlocutory Applications came to be dismissed by the Ld. Additional Civil Judge (Junior Division), Hindupur. 11. This Court has perused the individual Orders passed by the Ld. Additional Civil Judge (Junior Division), Hindupur. The Ld. Addl. Civil Judge, has noted the facts that the suit was filed by the Plaintiff/Respondent herein way back in the year 2014 and that after recording the evidence of the Plaintiff and the Defendant, the Plaintiff has already completed the arguments from her side and the Defendant/Petitioner herein was due to advance arguments in the main suit. Ld. Single Judge (Junior Division) had noted that long after the evidence has been closed and the Plaintiff has already advanced the arguments in the main suit, the Defendant/Petitioner herein has filed the above mentioned Interlocutory Applications with intent to protract the litigation. Ld. Single Judge has also found that the Defendant/Petitioner herein has not been able to assign any valid reason either for appointment of Advocate Commissioner or for recall of the Defendant/Petitioner herein (D.W.1) and for reopening of the evidence for the purpose of marking the Certified Copy of the Registered Sale Deed dated 24.09.2007. This Court has perused the Affidavit filed in support of the Interlocutory Applications. The contents of the Affidavit in all the Interlocutory Applications are drafted in a stereotype manner. It is merely stated that while preparing for arguments, the Defendant has felt that the Registered Sale Deed dated 29.04.2007 is vital to prove the case of the Plaintiff. Except for this statement, no other details are given by the Applicant/Petitioner so as to establish due diligence on his part. 12. The Affidavits in all four Applications are bereft of elementary details such as to when the Trial Court completed the trial stage and as to when the 13. 10 arguments on behalf of the Plaintiff were concluded etc. Therefore, the do not inspire the were made bonafide and Affidavits filed in support of the Interlocutory Applications confidence of this Court that the Applications therefore any indulgence would grossly delay the progress in the Suit which is already 11 years old. 14. In any case, if the Plaintiff had made certain admissions examination as PW, it is always open to the Defendant to take such admissions and proceed with the matter on merit. during cross advantage of 15. Having considered the above facts, this Court does not find to interfere with the impugned Orders dated 03.07.2024 for the any reason reason that the due diligence on the part of the Defendant/Petitioner herein is found to be wanting inasmuch as the Petitioner had not taken for the reliefs sought for. any steps to move the Court It is also noticed that the Plaintiff has already completed her submissions in the main suit. At this stage, in a suit which has been pending since 2014, this Court is not inclined to entertain these prayers for the above stated reasons and these Civil Revision Petitions are liable to be dismissed. 16. Accordingly, this batch of Civil Revision Petitions is dismissed, order as to costs. No 17. Interlocutory Applications, if any, stand closed in tetjns of this order. SD/- U.SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER One Fair Copy to the Hon’ble Sri Justice GANNAMANENI RAMAKRISHNA PRASAD (For his Lordships Kind Perusal) To 1. The Additional Civil Judge (Junior Division), Hindupur, Anantapur District. One CC to Sri P Narahari Babu, Advocate [OPUC] One CC to Sri N Ranga Reddy, Advocate [OPUC] Nine (9) L.R. Copies. 2. 3, 4. t 5. The Under Secretary, Union of India, Ministry of Law, Justice and Company Affairs, New Delhi. 6. The Secretary, Andhra Pradesh High Court Advocates’ Association Library, High Court Buildings, Amaravathi. 7. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 8. Two CD Copies TK TAC HIGH COURT DATED:29/08/2025 COMMON ORDER CRP Nos. 402, 403, 408 & 446 of 2025 g It SEP 2125 ^ Current Section DISMISSING THE CIVIL REVISION PETITIONS