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2026 DAILYLAW 11917 (AP)

SANIKOMMA KOTIREDDY (Died) v. SANIKOMMU SUBHASHINI AND 3 OTHERS

CRLRC/666/2009 · 2026-09-24

Subhendu Samanta

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Judgment text

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APHC010251502009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] FRIDAY, THE 25th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 666/2009 Between: 1. SANIKOMMA KOTIREDDY (DIED), S/O. PEDAKOTIREDDY, R/O. D.NO. 13-6-20.5TH LINE, GUNTURUVARITHOTA, GUNTUR. SINCE PETITIONER NO.1 IS DIED, CRIMINAL REVISION CASE AGAINST PETITIONER NO.1 IS DISMISSED AS ABATED, AS PER THE COURT ORDER DATED 02.07.2026 IN CRL.R.C.NO.666 OF 2009. 2. SANMIKOMMU KASAMMA,, W/O. KOTIREDDY, HOUSEWIFE R/O. D.NO. 13-6-20.5TH LINE, GUNTURUVARITHOTA, GUNTUR. 3. SANIKOMMU SAMBASIVA REDDY,, S/O. KOTIREDDY, R/O. D.NO. 13-6-20.5TH LINE, GUNTURUVARITHOTA, GUNTUR. ...PETITIONER(S) AND 1. SANIKOMMU SUBHASHINI AND 3 OTHERS, W/O. LATE VENKATASIVA REDDY, HOUSE WIFE, R/O. D.NO. 15-14-14-A, 2ND LINE, RTC COLONY, GUNTUR 2. SANIKOMMU PAVANI LAKSHMI, D/O. LATE VENKATASIVA REDDY, R/O. D.NO. 15-14-14-A, 2ND LINE, RTC COLONY, GUNTUR 3. SANIKOMMU VENKATA SIVA SAI REDDY, S/O. LATE VENKATASIVA REDDY, R/O. D.NO. 15-14-14-A, 2ND LINE, RTC COLONY, GUNTUR RR.2 &3 ARE BING MINORS , REP BY MOTHER SANIKOMMU 4. THE STATE OF A P, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD. 2 SS,J Crl.R.C.No.666 of 2009 ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased toto present the Memorandum of Grounds of Revision Case in this Hon'ble Court against the Judgemnt passed in Crl.A.No. 331/2008 , dt.09.2.2009 on the file of the Court ot the III Addl. Sessions Judge, Guntur as confirming the order in DVC No. 19/2007 on the file of the Court of the VI Addl. Junior Civil Judge, Guntur , dated 27.09.2008 IA NO: 1 OF 2009(CRLRCMP 923 OF 2009 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 suspend the Judgment in DVC.No. 19 of 2007 on the file of the VI Addl. Junior Civil Judge, Guntur, dated 27.09.2008 as confirmed in Crl.A.No. 331 of 2008 on the file of the Court of the III Addl. Sessions Judge, Guntur, dt.09.02.2009 , pending disposal of the Crl.Revision Case IA NO: 2 OF 2009(CRLRCMP 1231 OF 2009 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 vacate the interim orders granted in Crl.Rc M.P.No. 923/2009 in Crl.RC.No. 666 of 2009 dated 22-4-2009 by permitting the petitoner to withdraw the amount which already deposited in the account of D.V.C.No. 19 of 2007 on the file of VI Add Junior Civil Judge, Gutur without any condition Counsel for the Petitioner(S): 1. . 2. SATHEESH KUMAR EERLA Counsel for the Respondent(S): 1. K SRINIVAS 2. PUBLIC PROSECUTOR 3 SS,J Crl.R.C.No.666 of 2009 The Court made the following Order: The instant Criminal Revision has been preferred against a judgment, dated 09.02.2009 in Criminal Appeal No.325 of 2008 on the file of the Court of the learned III Additional Sessions Judge, Guntur, confirming the order passed in D.V.C.No.19 of 2007 on the file of the learned VI Additional Junior Civil Judge, Guntur, dated 27.09.2008. 2. The petitioners preferred an application before the learned Magistrate concerned under Section 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘the Act’). After hearing both sides, learned Magistrate has partly allowed the petition, restraining the respondents from alienating the properties in question until final orders in partition suit, also directed petitioners to pay cash of Rs.1,00,000/- as compensation within one (01) month from the date of that order and to pay monthly maintenance of Rs.2,000/- to the 1st respondent and Rs.1,000/- each to respondents 2 & 3. The appellants/petitioners have challenged the order passed in D.V.C. by way of an Appeal but learned Appellate Court has dismissed the said Appeal. Hence, the instant Criminal Revision Case has been filed by the in-laws and brother-in-law of the 1st respondent. 3. At the time of admission of the present Case before this Court, further proceedings of the impugned order of the learned Appellate Court has been stayed, subject to payment of Rs.50,000/- as compensation and Rs.2,000/- per month as a whole towards maintenance. The parties have admitted that 4 SS,J Crl.R.C.No.666 of 2009 the order of this Court has been complied with and petitioners are paying Rs.2,000/- per mensum regularly. 4. Taking note of this case, it shows that the 1st respondent married the son of the petitioners 1 & 2. Thereafter, out of wedlock, respondents 2 & 3 were born later. The husband of the 1st respondent has been detected H.I.V. positive and he was expired on 10.06.2007; whether the same deceased was transmitted to the 1st respondent or not, it was not proved, but the petitioners did not allowed 1st respondent and her children to stay with them. Accordingly, the 1st respondent has stayed outside the family. Thereby, one partition suit was filed by the 1st respondent, which was pending at the time of disposal of D.V.C. case. 5. Considering the entire material, it appears that, presently as per the report of the District Legal Services Authority, Guntur, the partition suit has been disposed of in preliminary form but final decree is yet to be drawn up and execution is also pending. It further appears that impugned order of maintenance to respondents is very meager one. 6. Accordingly, I find no justification to interfere with the order of maintenance passed by the learned Court below. Since the petitioners have already been paid Rs.50,000/- at the time of filing of the instant Criminal Revision, they are also directed to pay rest Rs.50,000/- as per the directions of the learned Magistrate within six (06) weeks from the date of passing of the order towards compensation. 5 SS,J Crl.R.C.No.666 of 2009 7. The petitioners are further directed to pay on maintenance amount as directed by the learned Magistrate till final disposal of the partition suit by completion of drawing up final decree and execution case, if any. There are arrears of monthly maintenance, the same shall be paid by the petitioners to the respondents within four (04) months by four equal monthly installments. 8. Accordingly, this Criminal Revision Case is disposed of. As a sequel, interlocutory applications pending, if any, shall stand closed. _______________________ SUBHENDU SAMANTA, J Date:25.09.2026 KPV 6 SS,J Crl.R.C.No.666 of 2009 148 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE No:666 of 2009 25.09.2026 KPV