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2026 DAILYLAW 23741 (AP)

TIMMAREDDY LEELAVATHAMMA v. M/s RAKA IMPEX PRIVATE LIMITED

CRP/2174/2025 · 2026-02-05

K Suresh Reddy

body2026

Judgment text

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APHC010453112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 2174/2025 Between: 1. TIMMAREDDY LEELAVATHAMMA, W/O RAMALINGA REDDY, AGED ABOUT 65 YEARS, R/O F-10, SWAGRUHA APARTMENTS, GAYATHRI NAGAR COLONY, AMEERPET, HYDERABAD ...PETITIONER AND 1. M/S RAKA IMPEX PRIVATE LIMITED, ANNA NAGAR, CHENNAI, REP. BY P.K.RANGARAMANUJAM (DIED) 2. M/S RAKA IMPEX PRIVATE LIMITED, ANNA NAGAR, CHENNAI, REP. BY ITS MANAGING DIRECTOR, SRI PERUMAL SATHISH KUMAR S/O PERUMAL, AGED ABOUT 60 YEARS, ANNA NAGAR, CHENNAI. 3. R KAMALA, W/O.RANGARAMANUJAM, AGED ABOUT 80 YEARS, R/O.D.NO. 1542, H-BLOCK, 5TH STREET, 11TH MAIN ROAD, ANNA NAGAR, CHENNAI. 4. AKILA R, D/O. RANGARAMANUJAM, AGED ABOUT 48 YEARS R/O.KATTUPAKKAM, POONAMALLE, THIRUVALLUR DISTRICT TAMIL NADU STATE ...RESPONDENT(S): 2 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 being aggrieved by the Order Dt. 26.06.2025 in I.A No 75 of 2025 in A.S No. 67 of 2017 on the file of court of the VII Additional District Judge, Gudur, SPSR Nellore District the above named petitioner begs to prefer this memorandum of Civil Revision Petition 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 grant stay of all further proceedings of suit in A.S No. 67 of 2017 on the file of court of the VII Additional District Judge, Gudur, SPSR Nellore District pending disposal of the Civil Revision Petition in the interest of Justice and to pass such Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. B V KRISHNA RAO 2. 3 THE HONOURABLE SRI JUSTICE K. SURESH REDDY CIVIL REVISION PETITION NO:2174 of 2025 The Court made the following Order: Questioning the Order dated 26.06.2025 in IA No.75 of 2025 in AS No.67 of 2017 on the file of the learned VII Additional District Judge, Gudur, SPSR Nellore District, Appellant/Plaintiff filed the present Revision Petition under Article 227 of the Constitution of India. 2. Brief facts of the case are that the petitioner in the present Civil Revision Petition filed OS No.30 of 2024 on the file of the Senior Civil Judge, Gudur, seeking specific performance of Agreement of Sale dated 09.03.2001 executed by M/s.Raka Implex Private Limited, Anna Nagar, Chennai represented by its Managing Director, P.K.R.Ramesh Narayan. As P.K.R.Ramesh Narayan is no more, the Company is represented by his father P.K.Rangaramanujam. Subsequently, having come to know one Sri Perumal Satish Kumar was Managing Director of the Company, the same Company was impleaded as Defendant No.2 represented by Sri Perumal Sathish Kumar. After elaborate trial, the trial Court dismissed the suit by Judgment and Decree dated 26.07.2017. Aggrieved by the same, plaintiff filed Appeal vide AS 4 No.67 of 2017 on the file of the Court of VII Additional District Judge, Gudur, SPSR Nellore District. During pendency of the said Appeal, the said P.K.Rangaramanujam died on 03.05.2021. As such, the appellant filed IA No.75 of 2025 in AS No.67 of 2017 under Order 22 Rule 4 of CPC read with Rule 28 of Civil Rules of Practice to bring the proposed respondent Nos.3 and 4 on record as legal representatives of P.K.Rangaramanujam. After hearing both sides, the said application was dismissed which is impugned in the present CRP. 3. Learned counsel for the petitioner contends that the proposed respondent Nos.3 and 4 are having major share hold in M/s.Raka Impex Private Limited. Further, the proposed respondent Nos.3 and 4 are legal representatives of P.K.Rangaramanujam. As such, he requests this Court to set aside the Order passed by the Appellate Court and implead the proposed respondent Nos.3 and 4 as respondents to the Appeal. 4. On the other hand, learned counsel for respondent No.2, opposed the petition contending that the said P.K.Rangaramanujam died on 03.05.2021 and the present application is filed on 30.12.2024, without filing any petition to condone the delay and also without any application for setting 5 aside the abatement. Further he contends that the proposed respondents are not elected by the Board of the Company and as such, they have no role in the administration of the Company. Hence, he sought for dismissal of the present CRP. 5. This Court perused the entire material available on record. 6. The contention of the petitioner is that he filed suit for specific performance on the basis of Agreement of Sale executed by M/s.Raka Impex Private Limited and not by any individual. As such, the Company was already represented by a Managing Director. There is no need to implead the legal representatives of P.K.Rangaramanujam who is no longer Managing Director of the Company. The interest of the Petitioner is also protected, as M/s. Raka Impex Private Limited is already there in the Appeal as respondent. 7. Learned counsel for respondent No.2 also states that in the event of petitioner succeeding in the Appeal, the Company represented by its Managing Director, Sri Perumal Satish Kumar, is prepared to execute the Sale Deed. 6 8. In view of the said submission, the Order passed by the learned VII Additional District Judge, Gudur does not suffer from any irregularity and as such, no interference is needed. 9. With the above observation, Civil Revision Petition is disposed of, at the stage of admission. No order as to costs. Interlocutory applications, if any, pending shall stand closed. ________________________ JUSTICE K SURESH REDDY Dated: 06.02.2026 PSA 7 THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 2174 of 2025 Date: 06.02.2026 PSA