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2025 DAILYLAW 8315 (AP)

MANDAVA @ MANDA SUBBA RAO(DIED) v. GORIPATHI VENKATESWARA RAO

CRP/454/2025 · 2025-03-21

Ninala Jayasurya

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA CIVIL REVISION PETITION NO: 454 OF 2025 Petition under Article 227 of the Constitution of India, Civil Revision Petition before this Hon'ble Court against the Docket Order dt. 11-12-2024 in E.A.No 216 of 2024 in E.A No 165 of 2024 in E.P No 40 of 2017 of O.S No 5 of 2012 on the file of The Principal Civil Judge (Senior Division) Tenali, Guntur District granting police aid to deliver the E.P schedule property. Between: 1. Mandava @ Manda Subba Rao (Died) Mandava rama Devi, W/o Late Subba Rao, aged about 48 years. House wife,R/o Kolluru, Tenali Mandava Sai Kanth, S/o Late subba Rao, aged about 28 years, R/o Kolluru, Tenali Mandava Soundarya, D/o Late Subba Rao, aged about 26 years, house wife, R/o. Kolluru, Tenali (All are the present residents of Kolluru village and Mandal, Bapatia District.) 2. 3. 4. ...Petitioners/JDR’S AND Goripathi Venkateswara Rao, S/o Subba Rao aged about 63 years. Retired Employee, R/o H.No 8-5-13/1, Balaji Rao pet, Tenali, Guntur District. ...Respondent/Plaintiff/Dhr 'r '■ r lA 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 to stay of all further proceedings pursuant to the Docket order, dt. 11-12-2024 in E.A 216 of 2024 in E.P No 40 of 2017 in O.S No 5 of 2102 on the file of The Principal Civil Judge (Senior Division), Tenali, Guntur District Counsel for the Petitioners: SRI N SRIHARI Counsel for the Respondent: SRI HABIBULLA SHAIK The Court made the following: / APHC010088362025 / IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA CIVIL REVISION PETITION NO: 454 OF 2025 Between: Mandava @ Manda Subba Rao(died) and Others ...PETITIONER(S) AND Goripathi Venkateswara Rao Counsel for the Petitioner(S): 1.N SRIHARI ...RESPONDENT Counsel for the Respondent: 1.HABIBULLASHAIK The Court made the following ORDER: Heard the learned counsel for the petitioners. Also heard the learned counsel for the respondent. the time of considering the matter, learned counsel for the respondent, on instructions, submits that the impugned order may be set aside and remand the matter for fresh consideration, however, subject to the condition that the petitioners shall not seek any adjournment and proceed with the matter on the next date of hearing. 2) At Learned counsel for the petitioners agrees with the submissions made by the learned counsel for the respondent. 3) In view of the same, the Civil Revision Petition is disposed of without going into the merits of the case by setting aside the order dated 11.12.2024 passed by the learned Principal Civil Judge (Senior Division) Tenali. The Executing Court shall hear the E.A.No.216 of 2024 in E.A.No.165 of 2024 in E.P.No.40 of 2017 in O.S.No.5 of 2012 by affording an opportunity of hearing to both sides on the next date of hearing. It is made clear that both the parties shall proceed with the arguments without seeking any adjournment. No costs. 4) Consequently, the Miscellaneous Applications pending, if any, shall 5) stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR Sf- //TRUE COPY// KSECTION OFFICER To, 1. The Principal Civil Judge (Senior Division) Tenali, Guntur District. 2. One CC to Sri. N Srihari, Advocate [OPUC] 3. One CC to Sri. Habibulla Shaik, Advocate [OPUC] 4. Three CD Copies MKP sree HIGH COURT DATED :21/03/2025 ORDER CRP.No.454 of 2025 oo 2APR ?e?5 th c*i/; Curreni Seo*i V '4*. DISPOSING THE C.R.P. WITHOUT COSTS