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2026 DAILYLAW 18286 (AP)

MAKINENI VENKATA SUJATHA v. EEDHARA RATHAMMA

CRP/667/2026 · 2026-03-04

Venkateswarlu Nimmagadda

body2026

Judgment text

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APHC010108062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 667/2026 Between: 1. MAKINENI VENKATA SUJATHA, WIFE OF AMARASIMHA, HINDU, AGED ABOUT 48 YEARS, R/O DOOR. NO. 20-4-12, MATHRUBHAVAN, SAI GANESH AGENCY, NANDAVARI STREET. BESIDE KARUR VYSYA BANK, KANDUKUR, PRAKASAM DISTRICT- 523 105. ...PETITIONER AND 1. EEDHARA RATHAMMA, (DAUGHTER OF LATE MODEPALLI KOTAMMA), W/O. NAIDU, HINDU, AGED ABOUT 47 YEARS, OCC. HOME MAKER, R/O. KALAVALLA VILLAGE, LINGASAMUDRAM MANDAL, PRAKASAM DISTRICT. 2. DAMA NARAYANAMMA, W/O. LAKSHMAIAH, HINDU, AGED ABOUT 70 YEARS, OCC HOME MAKER, R/O. DUBAGUNTA VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT. 3. MADALA LAKSHAMAMMA, W/O. NARASIHAM, HINDU, AGED ABOUT 68 YEARS, OCC.HOME MAKER, R/O MOPADU VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT. 4. KAKUMANI RANGAMMA, W/O. VENKATESWARLU, HINDU, AGED ABOUT 66 YEARS, R/O. GADDAM VARI KOSTALU, KANDUKUR MANDAL, PRAKASAM DISTRICT. 5. THUMATI VENKATESWARLU, S/O. KONDAIAH, HINDU, AGED ABOUT 55 YEARS, R/O. 1ST WARD, YERRAGUNTAPALEM, SAI 2 NAGAR, KANDUKUR, PRAKASAM DISTRICT. 6. PODAPATI RAGAMMA, W/O. NARASAIAH, HINDU, AGED ABOUT 85 YEARS, OCC. HOME MAKER, R/O. GADDAMVARI KOSTALU, KANDUKUR MANDAL, PRAKASAM DISTRICT. 7. DAMA ANNAPURNAMMA, W/O. DAMA NARASIMHA, HINDU, AGED ABOUT 82 YEARS, OCC. HOME MAKER, R/O DUBAGUNTA VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT. 8. DAMA VARA LAKSHMAMMA, W/O. LAKSHMAIAH, HINDU, AGED ABOUT 81 YEARS, OCC. HOME MAKER, R/O. DUBAGUNTA VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT. 9. DAMA VENKATESWARLU, S/O. RAMA KRISHNA, HINDU, AGED ABOUT 52, OCC. AGRICULTURE, R/O. GURRAM VARIPALEM STREET, KANDUKUR, PRAKASAM DISTRICT. 10. MAKKENA UMA DEVI, W/O. MAKKENA SIVAIAH, HINDU, AGED ABOUT 57 YEARS, OCC. HOME MAKER, R/O KALAVALLA VILLAGE, VOLETIVARIPALEM MANDAL, PRAKASAM DISTRICT. 11. VENKATA LAKSHMI PAINEDI, W/O. PAINEDI VENKATESWARLU, HINDU, AGED ABOUT 54 YEARS, OCC. HOME MAKER, R/O. MOPADU VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT. 12. AALA THULASAMMA, W/O. KONDALAH, HINDU, AGED ABOUT 72 YEARS, OCC. HOME MAKER, R/O. KOVVUR ROAD, SAI NAGAR, KANDUKUR, PRAKASAM DISTRICT. 13. JONNALAGADDAPADMAVATHI, W/O. KONDAIAH, HINDU, AGED ABOUT 70 YEARS, OCC. HOME MAKER, R/O. GUNDLAPALEM VILLAGE GUDLUR MANDAL, PRAKASAM DISTRICT. 14. DAMA SAMRAJYAM, W/O. LAKSHMINARAYANA, HINDU, AGED ABOUT 68 YEARS, OCC. HOME MAKER, R/O. KALAVALLA VILLAGE, VOLETIVARIPALEM MANDAL, PRAKASAM DISTRICT. 15. THUMATI SINGAIAH, S/O. SOMAIAH, HINDU, AGED ABOUT 65 YEARS, OCC. AGRICULTURE, R/O YERRAGUNTAPALEM, 1ST WARD KANDUKUR MANDAL, PRAKASAM DISTRICT. 16. THUMATI VENKATA SWAMY, S/O. SOMAIAH, HINDU, AGED ABOUT 62 YEARS, OCC. AGRICULTURE, R/O. YERRAGUNTAPALEM, 1ST WARD, KANDUKUR MANDAL, 3 PRAKASAM DISTRICT. 17. NALLURI GOVINDAMMA, W/O. SINGAIAH, HINDU, AGED ABOUT, 60 YEARS, OCC. HOME MAKER, R/O. DUBAGUNTA VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT. 18. THUMATI BRAHMAIAH, S/O. THUMATI VENKAIAH, HINDU, AGED ABOUT 57 YEARS, OCC. AGRICULTURE, R/O YERRAGUNTAPALEM, 1ST WARD, KOVVUR ROAD, KANDUKUR MANDAL, PRAKASAM DISTRICT. 19. ORUGANTI VENKATA SUBBAMMA, W/O. VENKATESWARLU, HINDU, AGED ABOUT 87 YEARS, R/O. MAHADEVAPURAM VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT. 20. MUPPARAJU ANNAMMA, W/O. RAMAMURTHY, HINDU, AGED ABOUT 85 YEARS, OCC. HOME MAKER, R/O. MUPPARAJU VARI KOSTALU, KANDUKUR MANAL, PRAKASAM DISTRICT. 21. CHALLA RATHAMMA, W/O. VENKATA SUBBAIAH, HINDU, AGED ABOUT 82 YEARS OCC. HOME MAKER, R/O. OGURU VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT. 22. MANDALAPU PRAMEELA, W/O. KOTESWARA RAO, HINDU, AGED ABOUT 80 YEARS, OCC. HOME MAKER, R/O. CHUTTUGUNTA VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT. 23. THUMATI VENKATESWARLU, S/O. RAMA KRISHNAIAH @ RAMAIAH, HINDU, AGED ABOUT 70 YEARS, OCC. AGRICULTURE, R/O. 1ST WARD, YERRAGUNTAPALEMI, KANDUKUR MANDAL, PRAKASAM DISTRICT. 24. DAGGUMATI SRINIVASA RAO BABU, S/O. KONDAIAH, HINDU, AGED ABOUT 55 YEARS, OCC. AGRICULTURE, R/O. NEAR RDO OFFICE, 10TH WARD, KANDUKUR, PRAKASAM DISTRICT. 25. DAGGUMATI RAMA CHANDRA RAO MADHAVA, S/O. KONDAIAH, HINDU, AGED ABOUT 45 YEARS, OCC. AGRICULTURE, R/O. NEAR RDO OFFICE, 10TH WARD KANDUKUR, PRAKASAM DISTRICT. 26. KAKANI VENKATA RAMANAMMA, W/O. GOPAL, HINDU, AGED ABOUT 60 YEARS, OCC. HOME MAKER, R/O NEAR RDO OFFICE, 10TH WARD KANDUKUR, PRAKASAM DISTRICT. 4 27. NALLURI SUBBARAO, S/O. KONDAIAH, HINDU, AGED ABOUT 52 YEARS, OCC. AGRICULTURE, R/O. D.V. VARIPALEM VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT. 28. VOLETI PADMA, W/O. VENKATA RAO, HINDU, AGED ABOUT 54 YEARS, R/O. KOVVUR VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT. 29. POTHULA PRATHIMA, W/O. LATE CHAKRAVARTHI, HINDU, AGED ABOUT 37 YEARS, OCC. HOME MAKER, R/O. FLAT. NO.204, RAMLEELA APARTMENTS, MANGAMURU ROAD, ONGOLE, PRAKASAM DISTRICT. 30. POTHULA STITHAPRAGNA, D/O. CHAKRAVARTHI, HINDU, AGED ABOUT 15 YEARS. R/O. FLAT. NO.204, RAMLEELA APARTMENTS, MANGAMURU ROAD, ONGOLE, PRAKASAM DISTRICT. 31. POTHULA DHATHRI, D/O CHAKRAVARTHI, AGED ABOUT 13 YEARS, R/O. FLAT. NO.204, RAMLEELA APARTMENTS, MANGAMURU ROAD, ONGOLE, PRAKASAM DISTRICT. (R 30 AND 31 ARE THE MINORS AND REPRESENTED BY THEM NATURAL MOTHER PRATHIMA (R 29). 32. ISTHALAMUDI CHENNA REDDY, SON OF BRAHMA REDDY, RESIDENT OF 14-171 A, ADDANKI ROAD, DARSI TOWN, PRAKASAM DISTRICT. 33. BOMMISETTI YALAMANDAIAH, SON OF PRAKASAM, AGED ABUT 37 YEARS, RESIDENT OF DOOR NO. 20-4-106, NANDAVARI STREET, KANDUKUR TOWN, KANDUKUR MUNICIPALITY, PRAKASAM DISTRICT. ...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 topleased to direct the Court below to dispose of Petition in I.A. No. 291 of 2021 in O.S. No. 60 of 2021 on the file of VII Addl. District Judge, Ongole, Prakasam District with time framing and to pass Counsel for the Petitioner: 1. PATHI SIVA PRASAD Counsel for the Respondent(S): 5 1. The Court made the following: 6 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 667/2026 ORDER:- The Civil Revision Petition is filed under Article 227 of the Constitution of India seeking expeditious disposal of I.A.No.291 of 2021 in O.S.No.60 of 2021 on the file of the Court of the VII Additional District Judge, Ongole, Prakasam District. 2. Heard learned counsel for the petitioner. As issuance of notices to the respondents is not necessary in this matter, hence notices to the respondents are hereby dispensed with. 3. The petitioner herein is plaintiff and the respondents herein are defendants in the suit. For the sake of convenience the parties herein are referred as arrayed in the suit. 4. On hearing, learned counsel for the petitioner/plaintiff submits that the plaintiff filed a suit for partition of the plaint schedule properties along with an application under Order 39 Rule 1 and 2 read with Section 151 of C.P.C. The same were numbered as O.S.No.60 of 2021 and I.A.No.291 of 2021. After hearing the petitioner/plaintiff, the trial Court granted an ad-interim injunction in I.A.No.291 of 2021. The same has been extending from time to time and the respondents have filed counters. The application/I.A.No.291 of 2021 has remained pending and since, 2021 it is coming under the caption ‘For hearing’. Even though the petitioner filed all the relevant documents in support of his claim, the trial Court has kept the application pending and is not 7 disposing of the application for one reason or the other. Hence, the learned counsel requests this Court to issue an appropriate direction to the trial Court for speedy disposal of the said I.A. 5. Considering the submissions of the learned counsel for the petitioner and perused the material on record. It is settled law any application filed under Order 39 Rule 1 and 2, shall be disposed of within a period of thirty days. In the present case in hand, the application is pending since 2021. Therefore, this Court is inclined to dispose of the Civil Revisions Petition, directing the learned VII Additional District Judge, Ongole, Prakasam District to dispose of I.A.No.291 of 2021 in O.S.No.60 of 2021, as expeditiously as possible, preferably within a period of two (02) months from the date of receipt of a copy of this order. Further, the petitioner/plaintiff and the respondents/defendants are directed to co-operate with the Court proceeding without seeking for adjournments. 6. With the above directions, this Civil Revision Petition is disposed of at the stage of admission. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________________________ VENKATESWARLU NIMMAGADDA, J 05.03.2026 TPS 8 107 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 667/2026 05.03.2026 TPS