APHC010619882025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CIVIL REVISION Between: 1. SMT PURRE VIJYA KALAVATHI, W/O VENKATA RAMANA, AGED ABOUT 48 YEARS, R/O DOOR NO. 20 NAGAR, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH, PIN 520003. 1. MEKATHOTI RAVI KUMAR, S/O YEARS, R/O D.NO.20 VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH, PIN 2. MEKATHOTI RAJU KUMAR, S/O LATE GEORGE, AGED ABOUT 37 YEARS, R/O D.NO.20 VIJAYAWADA, KRIS 520003 Petition under Article 227 of the Constitution of India, circumstances stated in the grounds filed herein, pleased to allow the CRP by setting aside t in I.A. No.191 of 2025 in A.S. No. Additional District Judge, Vijayawada and pass 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 to IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CIVIL REVISION PETITION NO: 3253/2025 SMT PURRE VIJYA KALAVATHI, W/O VENKATA RAMANA, AGED ABOUT 48 YEARS, R/O DOOR NO. 20-04-85A, BASAVA TARAKA NAGAR, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH, PIN ...PETITIONER AND MEKATHOTI RAVI KUMAR, S/O LATE GEORGE, AGED ABOUT 39 YEARS, R/O D.NO.20-04-115, BASAVA TARAKA NAGAR, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH, PIN MEKATHOTI RAJU KUMAR, S/O LATE GEORGE, AGED ABOUT 37 YEARS, R/O D.NO.20-04-115, BASAVA TARAKA NAGAR, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH, PIN ...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 allow the CRP by setting aside the Order dated 13.10.2025 passed .A. No.191 of 2025 in A.S. No.161 of 2025 on the file of the of Court of V Additional District Judge, Vijayawada and pass 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 IN THE HIGH COURT OF ANDHRA PRADESH [3163] THE THIRTIETH DAY OF JANUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY SMT PURRE VIJYA KALAVATHI, W/O VENKATA RAMANA, AGED 85A, BASAVA TARAKA NAGAR, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH, PIN - ...PETITIONER LATE GEORGE, AGED ABOUT 39 115, BASAVA TARAKA NAGAR, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH, PIN - 520003. MEKATHOTI RAJU KUMAR, S/O LATE GEORGE, AGED ABOUT 37 115, BASAVA TARAKA NAGAR, HNA DISTRICT, ANDHRA PRADESH, PIN - ...RESPONDENT(S): praying that in the the High Court may be he Order dated 13.10.2025 passed 161 of 2025 on the file of the of Court of V 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 2 CMR,J C.R.P.No.3253 of 2025 grant stay of all further proceedings dated 21-07-2025 in O.S.No.96 of 2018 on the file of III Additional Civil Judge (Junior Division) Vijayawada, pending disposal of the CRP and pass Counsel for the Petitioner: 1. CH S S V PRASAD Counsel for the Respondent(S): 1. Y.S.VIJAYA PRATAP 3 CMR,J C.R.P.No.3253 of 2025 The Court made the following: ORDER: Aggrieved by the order dated 13.10.2025 passed in I.A.No.191 of 2025 in A.S.No.161 of 2025, whereby, the petition filed under Order 41 Rule 5 of Code of Civil Procedure for grant of stay of the decree and judgment in O.S.No.96 of 2018 on the file of the III Additional Civil Judge (Junior Division), Vijayawada was dismissed, the present revision petition is preferred by the petitioner. 2. Heard learned counsel for the petitioner. Inspite of granting several adjournments, the respondents are not turning up for hearing in this revision petition. Therefore, the revision petition is being disposed of, on merits, as per the material available on record, after hearing the petitioner. 3. The revision petitioner is the defendant in O.S.No.96 of 2018 on the file of the III Additional Civil Judge (Junior Division), Vijayawada. The said suit was filed for permanent injunction against her. After trial, the suit was decreed against her. Aggrieved thereby, she has preferred an appeal to the Court of V Additional District Judge, Vijayawada. Along with the appeal, she has filed an application under Order 41 Rule 5 of Code of Civil Procedure seeking stay of execution of the decree and the judgment of the trial Court. The trial Court dismissed the said petition by the impugned order. The revision petitioner, who is the defendant in the suit, categorically admits at the time of hearing the revision petition that she is not in possession of the suit schedule property. However, her grievance is only relating to the pathway which is adjacent to her residential house. Therefore, when she is not in possession of the suit schedule property, and when the plaintiffs were found to be in possession of the suit schedule property, prima facie, this Court finds no legal flaw or infirmity in the impugned judgment and decree of the trial Court. Therefore, the Appellate Court rightly dismissed the stay petition filed by her. 4 CMR,J C.R.P.No.3253 of 2025 4. However, as it is pleaded that by virtue of that injunction decree, the plaintiffs in the suit are interfering with the pathway which is adjacent to the residential house of the petitioner/defendant, this Court is of the considered view that a direction is required to be given to the Appellate Court to dispose of the appeal as early as possible, expeditiously. 5. Resultantly, the Civil Revision Petition is dismissed, confirming the order of the first appellate Court. However, the first appellate Court shall make an endeavor to dispose of the appeal, on merits, after hearing both the parties, expeditiously. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 30.01.2026 MDP