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2026 DAILYLAW 10565 (AP)

MR CHAKALI PAMPANNA v. MR G ANURAJU

CRP/3396/2025 · 2026-09-10

K Sreenivasa Reddy

body2026

Judgment text

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APHC010643592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE 11th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CIVIL REVISION PETITION NO: 3396/2025 Between: 1. MR CHAKALI PAMPANNA, S/O. CHAKALI ALLAPPA, AGED ABOUT 61 YEARS, HINDU, RESIDENT OF HOUSE NO.1-174, MADDILINGADAHALLI VIILAGE-518308, INGALADAHAL POST, HOLAGUNDA MANDAL, KURNOOL DISTRICT, A.P AADHAR CARD NO. 3255 9594 4861 2. MR CHAKALI NAGARAJ, S/O. CHAKALI POMPANNA, AGED ABOUT 35 YEARS, HINDU, RESIDENT OF HOUSE NO. 1-174, MADDILINGADAHALLI VILLAGE-518308, INGALADAHAL POST, HOLAGUNDA MANDAL, KURNOOL DISTRICT, A.P. AADHAR CARD NO. 9264 8493 3925. ...PETITIONER(S) A N D 1. MR G ANURAJU, S/O. LATE MALINGAPPA, AGED ABOUT 44 YEARS, HINDU, CULTIVATOR, RESIDENT OF ADONI, KURNOOL DISTRICT 2. MR G VEERANJANEYULU, S/O. LATE MALINGAPPA, AGED ABOUT 29 YEARS, HINDU, CULTIVATOR, RESIDENT OF MADDILINGADAHALLI VILLAGE, INGALADAHAL POST, HOLAGUNDA MANDAL, KURNOOL DISTRICT, A.P. ...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 to aggrieved by the petitioners/ appellants have filed lA No 86/2023 in AS No M12023 seeking not dispose of the Appeal on the file of the 2nd addi district judge, Kurnool at Adoni of the judgment decree passed by the trail court in OS NO 334/2016 on the file of the 2nd addI district judge, Kurnool SRK, J CRP No.3396 of 2025 2 at Adoni, the above-named petitioners humbly beg to present this Memorandum of Civil Revision Petition for the following and among other IA 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 may be pleased to direct the appellate court i.e the 2 district judge, Kurnool at Adoni to dispose of the appeal in AS no 17/2023 on its file as expeditiously as possible preferably within 3 months and to pass such Counsel for the Petitioner(S): 1. YASWANTH GADE Counsel for the Respondent(S): 1. YASWANTH GADE Counsel for the Respondent(S): 1. The Court made the following: SRK, J CRP No.3396 of 2025 3 O R D E R The present Civil Revision Petition came to be filed, seeking direction to the learned II Additional District Judge, Kurnool at Adoni (for brevity ‘the Appellate Court’) to dispose of, the Appeal Suit No.17 of 2023 preferred by the petitioners herein, challenging the Judgment and Decree dated 10.03.2023 passed in Original Suit No.334 of 2016 by the learned Principal Junior Civil Judge, Adoni (for brevity ‘the trial Court’), expeditiously. 2. Petitioners and respondents herein are the appellants and respondents in Appeal Suit No.17 of 2023, and defendants and plaintiffs in Original Suit No.334 of 2016, respectively. 3. The plaintiffs filed O.S.No.334 of 2016 on the file of the learned Principal Junior Civil Judge, Adoni against the defendants, seeking the reliefs of Declaration of right and title in respect of the schedule property, and for its recovery of possession from the defendants. After full-fledged trial, the trial Court vide Judgment and Decree dated 10.03.2023, decreed the suit in favour of plaintiffs and against the defendants, declaring right and title of the plaintiffs and directing the defendants to deliver the schedule property to the plaintiffs within 60 days from the date of the SRK, J CRP No.3396 of 2025 4 Judgment, otherwise, liberty was provided to the plaintiffs to proceed under due process of law. 4. Aggrieved by the said Judgment and Decree, dated 10.03.2023, the defendants preferred appeal vide Appeal Suit No.17 of 2023 on the file of the learned II Additional District Judge, Kurnool at Adoni, along with I.A.No.86 of 2023 under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 (for brevity ‘CPC’), seeking the Court to grant stay of operation of Judgment and Decree dated 10.03.2023 passed in O.S.No.334 of 2016. 5. Sri K.Chidambaram, learned senior counsel appearing on behalf of Sri Yaswanth Gade, learned counsel for the petitioners would submit that as against the Judgment and Decree dated 10.03.2023 passed in O.S.No.334 of 2016 by the trial Court, the petitioners/defendants preferred appeal before the Appellate Court. Learned senior counsel contends that considerable time has elapsed in taking up of the I.A.No.86 of 2023, filed by the petitioners/defendants under Order XLI Rule 5 read with Section 151 of CPC, by the Appellate Court and in disposing of, the same, which enables the Executing Court to proceed with the execution of the aforesaid decree in E.P.No.99 of 2023, filed by the SRK, J CRP No.3396 of 2025 5 respondents/plaintiffs under Order XXI Rule 35 of CPC and it would cause prejudice to the petitioners/defendants. Learned senior counsel further contends that though the appeal suit, along with the application seeking stay of operation of Judgment and Decree were filed in the year 2023, till today, the learned Appellate Judge did not take up for hearing and dispose of, the said application, which would cause prejudice to the rights of the petitioners/defendants in the appeal suit. 6. Having regard to the facts and circumstances of the case, without going into merits of the case, and having regard to the fact that E.P.No.99 of 2023 under Order XXI Rule 35 of CPC is pending before the Executing Court, the learned II Additional District Judge, Kurnool at Adoni is directed to dispose of the Appeal Suit No.17 of 2023 pending on its file, within a period of three (03) months from the date of receipt of copy of this order. 7. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs of the CRP. As a sequel, interlocutory applications pending, if any, in the Revision Petition shall stand closed. JUSTICE K. SREENIVASA REDDY 11th September, 2026. DNB