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2026 DAILYLAW 3059 (AP)

THE NELLORE PROGRESSIVE UNION v. THE TOWN HALL TRUST BOARD

CRP/1640/2026 · 2026-06-18

K Suresh Reddy

Original Suitbody2026

Judgment text

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1 APHC010295622026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 1640/2026 Between: 1. THE NELLORE PROGRESSIVE UNION, (SRI NELLORE VARDHAMANA SAMAJAM), REP. BY ITS SECRETARY, MAJJIGA PRABHAKAR REDDY, S/O. SUNDARARAMIREDDY, AGED ABOUT 70 YEARS, R/O.TOWN HALL PREMISES, TRUNK ROAD, NELLORE ...PETITIONER AND 1. THE TOWN HALL TRUST BOARD, REP. BY ITS SECRETARY AND TRUSTEE, J.S.REDDY, S/O. RANGA REDDY, AGED ABOUT 73 YEARS, TOWN HALL PREMISES, TRUNK ROAD, NELLORE. (J.S.REDDY DIED) 2. THE TOWN HALL TRUST BOARD, REP. BY ITS SECRETARY AND TRUSTEE, J. BAKTHAVATSLA REDDY S/O. J.S.REDDY, AGED ABOUT 53 YEARS, R/O.TOWN HALL PREMISES, TRUNK ROAD, NELLORE. ...RESPONDENT(S): Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. Y L SIVA KALPANA REDDY 2 THE HONOURABLE SRI JUSTICE K.SURESH REDDY CIVIL REVISION PETITION No.1640 of 2026 ORDER : Questioning the order dated 21.04.2026 passed in I.A. No.90 of 2026 in O.S. No. 239 of 2016 on the file of the Court of the VIII Additional District Judge, Nellore, the defendant in the said suit filed the present Civil Revision Petition under Article 227 of the Constitution of India. 2. The respondents herein filed the above suit seeking to terminate the permissive possession of the defendant/petitioner herein over the plaint schedule property. Pending the said suit, 2nd plaintiff who is the respondent No.2 herein filed a petition vide I.A.No.90 of 2026 under Order 26 Rule 1, read with Section 151 of C.P.C., to appoint an advocate commissioner to examine PW.2 as a witness and to record his evidence at Bangalore. The defendant/petitioner herein contested the said petition. After hearing both sides, the said petition was allowed which is impugned in the present revision. 3. Heard Sri C. Subodh, learned counsel for the petitioner, and Smt.Y.L. Siva Kalpana Reddy, learned counsel for the respondents. 4. Learned counsel for the petitioner contends that no reasons have been assigned by 2nd plaintiff/respondent No.2 herein as to why 2nd plaintiff could not able to appear before the Court for recording evidence. 5. Be that as it may, without going into the merits and demerits of the impugned order, learned counsel appearing on either side contend that the present revision can be disposed of at the admission stage, as respondent 3 No. 2/2nd plaintiff has agreed to appear before the Court below for recording the evidence. 6. In view of the facts and circumstances of the case, as the learned counsel appearing on either side agreed for a consent order, the Civil Revision Petition is disposed of at the stage of admission by setting aside the order dated 21.04.2026 passed I.A. No.90 of 2026 in O.S. No. 239 of 2016 on the file of the Court of the VIII Additional District Judge, Nellore. The respondent No.2/2nd plaintiff is directed to appear before the learned VIII Additional District Judge, Nellore (Trial Court) on 06.07.2026 without fail. The learned VIII Additional District Judge, Nellore is directed to proceed with the cross examination of PW.2 and record his evidence on day to day basis. The petitioner/defendant is directed to proceed with the cross examination on that date. Failing which, the cross examination on behalf of the petitioner/defendant will be treated as forfeited. 7. With the above directions, the Civil Revision Petition is disposed of at the stage of admission. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, shall also stand closed. __________________ K SURESH REDDY, J Date: 19.06.2026 Note: Issue CC by 22.06.2026 B/o Asr 4 THE HON’BLE SRI JUSTICE K.SURESH REDDY CIVIL REVISION PETITION No.1640 of 2026 Date: 19.06.2026 ASR