IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B.S.BHANUMATHI CIVIL REVISION PETITION NO: 610 OF 2024 Petition filed under Section 115 of CPC, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to set-aside the Order, dated 16-02-2024 in E.A.No.15 of 2024 in E.A.No.308 of 2011 in E.P.No.74 of 2011 in O.S.No.197 of 2008 on the file of IV Additional Junior Civil Judge at Vijayawada, Krishna District. Between: Somula Koteswaramma, Wife of Bali Reddy, aged about 27 years. Properties and Housewife, residing at D.No.1-4-223/c, Manava Mandiram Road, Kota Vari Street, Bhavanipuram, Vijayawada-12. ...Petitioner/Objector AND 1. Devabhaktumi Ashok Kumar, S/o.Koteswara Rao, aged about 38 years. Business, R/o.Gollapudi, Vijayawada Rural Mandal. 2. Chennupati Durga Rani, Wife of Venkata Krishnaiah, aged about 30 years. House Wife, R/o.Gollapudi, Vijayawada Rural Mandal. 3. The State of Andhra Pradesh, Rep by District Collector, Krishna District, Machilipatnam. (1st J.Dr) 4. The Sub-Collector and Land Acquisition Officer, Vijayawada-2. (2nd J.Dr) 5. Velagapudi Jhansi, Wife of Late Radha Krishna Murthy, aged about 59 years, Agriculture, China Nandigama Village and Post, G.Konduru Mandal. (3rd J.Dr) 6. Velagapudi Sivannarayana, Son of Late Radha Krishna Murthy, aged about 39 years, Agriculture, China Nandigama Village and Post, G.Konduru Mandal. (4th J.Dr) 7. Velagapudi Samba Siva Rao, Son of Late Radha Krishna Murthy, aged about 36 years. Agriculture, China Nandigama Village and Post, G.Konduru Mandal. (5th J.Dr) 8. Gollapudi Siva Parvathi, Wife of Purushottam, aged about 35 years. House wife, Pondugala Village, Mylavaram Mandal. (6th J.Dr) 9. Buddi Jyotsna, Wife of Raghunadha Chowdary, aged about 31 years. House wife, R/o.Kanchikacharla Village and Post. (7th J.Dr.) Musunuri Swaroopa Rani, Wife of Sambsiva Rao, aged about 57 years, R/o. Pedavadlapudi Village, Guntur District. (8th J.Dr) Devabhaktuni Nagamani, Wife of Koteswara Rao, aged about 52 years. House wife, Gollapudi Village and Post. (9th J.Dr) Duggirala Vijaya Lakshmi, Wife of Prasad, aged about 51 years, R/o.Gollapudi Village and Post. (10th J.Dr) Devineni Rama Seetamma, Wife of Krishna Rao, aged about 50 years, Gollapudi Village and Post, Vijayawada Rural. (11th J.Dr) 10. 11. 12. 13. ...Respondents/Respondents (Respondent No.3 to 13 are not necessary parties in above CRP) lA NO: 2 OF 2024 Between: 1. Devabhaktumi Ashok Kumar, S/o.Koteswara Rao, aged about 50 years, Occ; Business, R/o.Gollapudi Village, Vijayawada Rural Mandal, Krishna District. 2. Smt Chennupati Durga Rani, W/o.Venkata Krishnaiah, aged 45 years, Occ: House Wife, R/o.Gollapudi Village, Vijayawada Rural Mandal, Krishna District. ...Vacate Petitioners/Respondents 1 & 2 in Revision/Dhrs 1 & 2/Plaintiffs 1 & 2 AND 1. Somula Koteswaramma, Wife of Bali Reddy, aged about 27 years. Properties and Housewife, residing at D.No.1-4-223/c, Manava Mandiram Road, Kota Vari Street, Bhavanipuram, Vijayawada-12. ...Respondent-1/ Revision Petitioner/Objector 2. The State of Andhra Pradesh, Rep by District Collector, Krishna District. 3. The Sub-Collector and Land Acquisition Officer, Vijayawada-2, Krishna District. ...Respondents 2 & 3/Respondents 1 & 2 in Revision/Jdrs.1 & 2 4. Smt Velagapudi Jhansi, W/o.Late Radha Krishna Murthy, aged about 67 years, Occ: Agriculture, R/o. China Nandigama Village and Post, G.Konduru Mandal, Krishna District. 5. Velagapudi Sivannarayana, S/o.Late Radhakrishna Murthy, aged 47 years, Occ: Agriculture, R/o.Do. Do. 6. Velagapudi Sambasiva Rao, S/o.Late Radhakrishna years, Occ; Agriculture, R/o.Do. Do. 7. Smt Gollapudi Siva Parvathi, W/o.Purushottam House wife, R/o.Pondugala Village, Mylavaram District. 8. Smt Buddi Jyotsna, W/o.Raghunadha Chowdary, aged about Occ: House wife, R/o.Kanchikacharla Village, Post & Mandal District. 9. Smt Musunuri Swaroopa Rani, W/o.Sambsiva years, Occ; Housewife, R/o.Peda Vadlapudi Village, Guntur District. Rao, aged 52 years. House wife, R/o.Gollapudi V &P, Vijayawada Rural, Krishna District. Murthy, aged 50 aged 43 years, Occ: Mandal, Krishna 39 years, , Krishna Rao, aged about 65 10. Smt Devabhaktuni Nagamani, W/o.Koteswara 11. Smt Duggirala Vijayalakshmi, W/o.Late Prasad Occ: Housewife, R/o.Gollapudi Village and Post, Krishna District. aged 59 years Vijayawada Rural, 12. Smt Devineni Rama Seetamma, W/o.Krishna years, Occ: Housewife, R/o.Gollapudi Village and Post, Rural, Krishna District. Rao, aged 58 Vijayawada ...Respondents 4 to 12 Jdrs.3 to 11/Defendants 1 to 11 Petition filed 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 vacate the interim order dated 20.03.2024 passed in I.A.No.1/2024 in C.R.P.No.610/2024, pending final disposal of the above C.R.P. lA NO: 1 OF 2024 Petition filed 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 all further proceedings in E.P.No.74 of 2011 in O.S.No.197 of 2008 on the file of IV Additional Junior Civil Judge, Vijayawada, Krishna District, pending disposal of the above Revision Petition. Counsel for the Petitioner :Sri T V P Sai Vihari Counsel for the Respondent Nos.1 & 2: Sri D V Madhusudhan Vijay Kumar The Court made the following: APHC010108032024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CIVIL REVISION PETITION NO: 610/2024 Between: Somula Koteswaramma, ...PETITIONER AND Devabhaktumi Ashok Kumar and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.TVP SAI VIHARI Counsel for the Respondent(S): 1.DAMARAJU MADHUSUDHAN VIJAY KUMAR The Court made the following: 2 CRP.No.610 of 2024 ORDER: This revision petition is filed under Section 115 of CPC against the order dated 16.02.2024 in E.A.No.15/2024 in E.A.No.308/2011 in E.P.No.74/2011 in O.S.No.197/2008 on the file of IV Additional Junior Civil Judge at Vijayawada, Krishna District, filed under Section 151 CPC to reopen the evidence of the petitioner to receive the affidavits of PWs.3 and 4. The case of the petitioner is briefly as follows: 02. The petition in execution was posted to 09.01.2024 for evidence of the petitioner. But, on that day she could not contact her advocate to give instructions to file chief affidavits of further witnesses. A revision petition in CRP.No.2514 of 2014 was also filed by the one of the objector Somula Venkateaswara Reddy and the same was dismissed on 13.09.2023, as he could not contact his advocate before High Court for giving instructions to file the evidence of PWs.3 and 4. When the petitioner contacted the counsel, he came to know about the proceedings. Hence, the petition in E.A.No. 15/2024 is filed to reopen the evidence to enable the petitioner to adduce further evidence by examination of attesters of the will dated 06.02.1998. The 1^‘ respondent filed counter opposing the petition contending that JDrs.4 & 5/respondents No.6 and 7 expressly stated in their written statement in O.S.No.158/1999 on the file of the Court of Principal Senior Civil Judge, Vijayawada that Velagapudi Venkateswara Rao, {whose will sought to be proved) died intestate and no document had been executed by him, much less the alleged unregistered will dated 06.02.1998, and the same was recorded in the judgment and decree in that suit and therefore, the alleged will is fabricated document pressed 03. 3 CRP.No.610 of 2024 into service for the purpose of the claim. Further, one of the objector Somula Venkateaswara Reddy filed C.R.P.No.2514 of 2014 before this High Court and the same was dismissed in view of the pleadings in the written statement in O.S.No.158/1999. As such, there are no genuine grounds in filing the present petition. Accepting the contention of the 1®* respondent, the petition was dismissed by the execution Court. Aggrieved by the order, this revision petition was filed by the petitioner. The learned counsel for the petitioner contended the same as before the execution Court. The respondents No.3 to 13 are shown as not necessary parties. The learned counsel for the respondents No.1 and 2 opposed the petition supporting the observations of the execution Court. 04. In reply, the learned counsel for the petitioner submitted that the application, which is the subject matter in the revision petition in C.R.P.No.2514/2014 was filed to examine the attester as court witness, whereas the present petition is filed to examine the witness as witness for the petitioner, not as a court witness and therefore, the proceedings in C.R.P. No.2514/2014 are not res judicata. 05. Though the relief in the present petition and the previous petition in respect of C.R.P.No.2514/2014 are different, a similar point is canvassed on the same ground that the observations and findings regarding the plea taken in the written statement in the suit in O.S.No. 158/1999. The execution Court has rightly appreciated the contentions on both sides and therefore, the order impugned in the revision petition does not require any interference. 06. In result, the revision petition is dismissed. There shall be no order as to costs. 07. 4 CRP.No.610 of 2024 Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous applications, if any, shall stand closed. Sd/- A VIJAYA BABU ASSISTANT^^GISTRAR //TRUE COPY// fC.SECTION OFFICER To, 1. The IV Additional Civil Judge (Junior Division), Vijayawada, Krishna District. 2. One CC to Sri T V P Sai Vihari, Advocate [OPUC] 3. One CC to Sri D V Madhusudhan Vijay Kumar, Advocate [OPUC] 4. Three CD Copies BSV sree HIGH COURT DATED:31/01/2025 ORDER CRP.No.610 of 2024 * 13 MAR 2025 m ^ . Current Section Jit*. DISMISSING THE C.R.P. WITHOUT COSTS