Extracted from the PDF above. The PDF is authoritative.
APHC010080502026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] SATURDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 603/2026 Between:
1. MUVVA PAPA RAO, SON OF VENKATRAMAIAH, AGED ABOUT 67 YEARS, OCC CULTIVATION,
R/O.UPPALAPADU VILLAGE, PEDAKAKANI MANDAL, GUNTUR DISTRICT. ...PETITIONER AND
1. MUVVA MANIKYAMMA, (DIED)
2. VEJENDLA RAJESWARI, W/O. KRISHNARAO, AGED ABOUT 54 YEARS, OCC HOUSE WIFE, RESIDENT OF MACHAVARAM POST, PONNURU MANDAL, GUNTUR DISTRICT. 3. BACHINA JHANSI RANI, WIFE OF HARIBABU, AGED ABOUT 51 YEARS, OCC HOUSEWIFE, R/O.CHILAKALURIPETA POST, GUNTUR DISTRICT. 4. KETHINENI SUJATHA, W/O. K.V.RAMARAO, AGED ABOUT 57 YEARS, OCC HOUSEWIFE, R/O.VENGALARAO NAGAR, BHAVANI TOWER, PLOT NO.2, HYDERABAD - 38. 5. MUVVA RAMARAO, S/O. VENKATRAMAIAH, AGED ABOUT 74 YEARS, OCC CULTIVATION, R/O. NEERUKONDA VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 6. MUVVA PRASADARAO, S/O. VENKATRAMAIAH, AGED ABOUT 60 YEARS, OCC CULTIVATION, R/O. NEERUKONDA VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 2 RRR, J C.R.P.No.603 of 2026
7. PEDDI SUSEELA, W/O. VENKATESWARARAO, AGED ABOUT 67 YEARS, OCC HOUSEWIFE,
R/O.UPPALAPADU VILLAGE, PEDAKAKANI MANDAL GUNTUR DISTRICT,
8. MANCHIKALAPUDI VASUMATHI, W/O. LAKSHMANARAO, AGED ABOUT 66 YEARS, R/O.MANDADAM POST, THULLURU MANDAL, GUNTUR DISTRICT. 9. NANNAPANENI SRINIVASARAO, S/O. KUTUMBARAO AGED ABOUT 53 YEARS, OCC CULTIVATION, R/O. PLOT NO.T.1, GANDHI RESIDENCY, S.R.NAGAR, HYD-38. 10. NANNAPANENI SADASIVARAO, S/O. KUTUMBARAO, AGED ABOUT 52 YEARS, R/O. NANDIVELUGU POST, TENALI MANDAL, GUNTUR DISTRICT. 11. NANNAPANENI SURESH, S/O.KUTUMBARAO AGED ABOUT 51 YEARS, OCC CULTIVATION, R/O.NANDIVELUGU POST, TENALI MANDAL, GUNTUR DISTRICT. 12. NANNAPANENI BASVAPUNNAIAH, S/O. KUTUMBARAO, AGED ABOUT 47 YEARS, OCC CULTIVATION, R/O. NANDIVELUGU POST, TENALI MANDAL, GUNTUR DISTRICT. 13. MUPPAVARAPU SAMBRAJYAM, W/O. MADHUSUDANA RAO, AGED ABOUT 59 YEARS, R/O. NEERUKONDA POST, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 14. MUVVA SATYAVATHI, W/O. MADHUSUDANARAO, AGED ABOUT 76 YEARS, OCC HOUSE WIFE, R/O.KATIVARAM POST, TENALI MANDAL, GUNTUR DISTRICT. 15. IRUKULAPATI VASUMATHI, W/O. MOHANARAO, AGED ABOUT 56 YEARS, R/O. C/O. ANJIBABU KATIVARAM POST, TENALI MANDAL, GUNTUR DISTRICT. 16. POTHUGUNTLA USHA, W/O. ANJIBABU, AGED ABOUT 51 YEARS, R/O. KATIVARAM POST, TENALI MANDAL, GUNTUR DISTRICT. 17. MUVVA INDIRA, W/O. MAHESWARARAO, AGED ABOUT 71 YEARS, R/O. KATIVARAM POST, TENALI MANDAL, GUNTUR DISTRICT. 3 RRR, J C.R.P.No.603 of 2026
18. MUVVA NAGESWARARAO, S/O. MAHESWARARAO, AGED ABOUT 46 YEARS, R/O. NEERUKONDA VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 19. CHINTA BHARATHY, W/O. NARASIMHARAO, AGED ABOUT 51 YEARS, R/O. VELLALACHERUVU POST SANTAMAGULURU MANDAL, PRAKASAM DISTRICT. 20.
BOLLINEEDI KALPANA, W/O. RAVI KUMAR, AGED ABOUT 42 YEARS, OCC HOUSEWIFE, R/O. SRI TOWERS, FLAT NO.404, KUTUBULLAPUR, NIJAMPET, TELANGANA STATE. ...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 toaggrieved by the order dated 30.10.2025 in I.A.No.546 of 2024 in O.S.No.91 of 2015 on the file of the learned of the Civil Judge (Senior Division), Mangalagiri, the petitioner begs to file the present Memorandum of Civil Revision Petition for the following grounds, among others IA NO: 1 OF 2026 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 pleased to grant stay of all further proceedings in O.S.No.91 of 2015 on the file of the learned Civil Judge (Senior Division), Mangalagiri, pending disposal of the above Civil Revision Petition and pass Counsel for the Petitioner:
1. M R K CHAKRAVARTHY Counsel for the Respondent(S):
1. 2. RAMINENI SUDHEER
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The Court made the following Order:
Heard Sri M.R.K. Chakravarthy, learned counsel for the petitioner and Sri R. Sudheer, learned counsel for the respondents. 2. The petitioner herein along with the 4th respondent herein had filed O.S.No.91 of 2015, for partition of certain properties, against the respondents herein, except the 4th respondent. This suit was filed before the learned Civil Judge (Senior Division), Mangalagiri. In the course of the trial, the petitioner had been examined as P.W.-1. After completion of examination of P.W-1, the respondents 2 & 3 moved I.A.No.546 of 2024, for recall of P.W-
1. The contention of the respondents, in the said Interlocutory Application, was that the petitioner herein and other brothers of the 3rd respondent, had alienated certain parts of the suit schedule property and these facts were not known to the 3rd respondent earlier, and had come to light recently.
The 3rd respondent further contended that, after coming to know of these facts, she had obtained extracts of certain registered documents showing documents of alienation. The 3rd respondent contended that it was necessary to recall P.W- 1, so as to confront him with the said document of alienation. 3. The petitioner herein contested the said application on the ground that it was a belated application and that the 3rd respondent was fully aware of the alienations and as such the ground, raised in the application for recall of P.W-1 is not acceptable. The petitioner also contended that the 3rd respondent had filed a counter affidavit, in W.P.No.22365 of 2016, on 04.11.2017, before
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this Court, in which the 3rd respondent had adverted to the alienations of the suit schedule property made by various persons. 4. The Trial Court, after considering the contentions raised by both sides and after holding that the application appears to be a belated application, however, allowed the application and directed recall of P.W-1, by way of an order, dated 30.10.2025. 5. Aggrieved by this order, the petitioner has approached this Court, by way of the present Civil Revision Petition. 6. Sri M.R.K. Chakravarthy, learned counsel appearing for the petitioner would contend that the main contention of the 3rd respondent that she was unaware of the transactions, when P.W-1 was cross-examined, and had come to know of the transactions much later is clearly incorrect, in view of the counter affidavit, filed in W.P.No.22365 of 2016. Once it is found that the contention of the 3rd respondent is incorrect, the said order of the Trial Court in allowing recall of P.W-1 would have to be set aside. 7. Sri R. Sudheer, learned counsel appearing for respondents 2 & 3 would contend that the allegation that the 3rd respondent was aware of the transactions is incorrect.
He would contend that there have been various alienations, including alienations mentioned in the counter affidavit filed in W.P.No.22365 of 2016. However, the respondents 2 & 3 are seeking to
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confront P.W-1 with alienations that were not adverted to in the counter affidavit filed in W.P.No.22365 of 2016. 8. A perusal of the impugned order would show that respondents 2 & 3 had not made any such contention that the documents, that are sought to be confronted to P.W-1, relate to the transactions other than the transactions mentioned in the counter affidavit in W.P.No.22365 of 2016. Further, the fact remains that the respondents have made a statement which was palpably incorrect submission, which in the normal course would amount to suppression of fact. 9. In the circumstances, this Civil Revision Petition is allowed, setting aside the order, dated 30.10.2025, in I.A.No.546 of 2024, in O.S.No.91 of 2015. 10. This order will, however, not preclude the respondents 2 & 3 in pressing such questions, including the deeds of alienation, as may be permissible under law. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J
07.03.2026
MJA
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108
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
CIVIL REVISION PETITION NO: 603/2026
07.03.2026
MJA