Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 703 (AP)

MIDTHIPATI RAMA RAO v. PULAGALA APPAIAMMA

CRP/1033/2026 · 2026-04-16

Battu Devanand

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010148502026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] FRIDAY,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO: 1033/2026 Between: 1. MIDTHIPATI RAMA RAO, (DIED ON 30-07-2021) 2. MIDTHIPATI AMMAJI @ JILLELLA AMMAJI,, (DIED ON 09-09-2024) 3. MIDTHIPATI VENKATA APPALA RAJU,, S/O LATE RAMA RAO, AGED 55 YEARS, OCC.CULTIVATION, RESIDENT OF DOOR NO.2- 92(2-74), AMBEDKAR VEEDHI, PATHAPET, NADURUBADA-533255, RAYAVARAM MANDAL DR.B.R.AMBEDKAR KONASEEMA DISTRICT ERSTWHILE EAST GODAVARI DISTRICT, AP. 4. MIDTHIPATI BALARCK,, S/O. LATE SATYNARAYANAMURTHY, AGED ABOUT 13 YEARS, OCC. STUDENT, BEING MINOR, REPRESENTING PATERNAL UNCLE, MIDTHIPATI VENKATA APPALA RAJU, S/O LATE RAMA RAO, RESIDENT OF DOOR NO.2- 92(2-74), AMBEDKAR VEEDHI, PATHAPET, NADURUBADA-533255, RAYAVARAM MANDAL, DR.B.R. AMBEDKAR KONASEEMA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT,AP. ...PETITIONER(S) AND 1. PULAGALA APPAIAMMA, W/O. SATYANARAYANA, AGED ABOUT 45 YEARS, OCC. CULTIVATION, RESIDENT OF C/O. KOTHAPALLIACHAMMA, PATAPETA, NEAR PANCHAYAT BOARD, NADURUBADA-533255,RAYAVARAM MANDAL, EAST GODAVARI DISTRICT, AP. 2. PULAGALA SATYANARAYANA, S/O. NOT KNOWN TO THE 2 PLAINTIFF, AGED ABOUT 50 YEARS, OCC.ICULTIVATION, RESIDENT OF C/O. KOTHAPALMACHAMMA, PATAPETA, NEAR PANCHAYAT BOARD, NADURUBADA-533255,RAYAVARAM MANDAL, EAST GODAVARI DISTRICT, A.P. 3. JAMI SEETHARAMAJANEYULU, S/O.RAMA RAO, AGED ABOUT 56 YEARS, OCC.CULTIVATION, RESIDENT OF VILLAGE NADURUBADA-533255, RAYAVARAM MANDAL, EAST GODAVARI DISTRICT,A.P. 4. SIRIPURAPU SRINIVASA RAOSIRIPURRAPUSRINU, S/O. CHANDRA RAO, AGED ABOUT 50 YEARS, OCC.BUSINESS/HONDA MOTORS, RAYAVARAM, RESIDENT OF VILLAGE NADURUBADA-533255, RAYAVARAM MANDAL, EAST GODAVARI DISTRICT, A.P. 5. THE VILLAGE REVENUE OFFICER, NADURUBADA VILLAGE, NADURUBADA-533255,RAYAVARAM MANDAL, EAST GODAVARI DISTRICT, A.P. (ACTIVELY INVOLVED IN ILLEGAL ACT IN SUPPORT) 6. THE SUBINSPECTOR OF POLICE, RAYAVARAM, RAYAVARAM MANDAL, EAST GODAVARI DISTRICT, A.P. (ACTIVELY INVOLVED IN ILLEGAL ACT IN SUPPORT) 7. THE PANCHAYAT SECRETARY, NADURUBADA VILLAGE, NADURUBADA- 533255,RAYAVARAM MANDAL, EAST GODAVARI DISTRICT, AP. (ACTIVELY INVOLVED IN ILLEGAL ACT IN SUPPORT) 8. THE STATE OF ANDHRA PRADESH, REP. BY ITS DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA, EAST GODAVARI DISTRICT, KAKINADA,AP. PRESENT DR.B.R.AMBEDKAR KONASEEMA DISTRICT AT AMALAPURAM, AP 9. THE TAHSILDAR, RAYAVARAM MANDAL, EAST GODAVARI DISTRICT, A.P ...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 tobegs to present the above Revision Petition in this Honble Court aggrieved by Order Dated 05-03-2026 in TR.O.P.No.78 of 2025 on the file of 3 the Court of the Principal District Judge, East Godavari District at Rajamahendravaram, East Godavari District 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 stay of all further proceeding in O.S.No.49 of 2020 on the file of the court of the Civil Judge (Junior Division) at Anaparthi including operation of the order dated 05-03-2026 in TR.0.P.N0.78 of 2025 on the file of the court of the Principal District Judge, East Godavari District at Rajamahendravaram, East Godavari District pending disposal of the above Revision in this Hon’ble Court in interest of justice and fair play and pass Counsel for the Petitioner(S): 1. RAMA MURTY P V S A Counsel for the Respondent(S): 1. The Court made the following: 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO.1033 OF 2026 ORDER: This Civil Revision Petition is filed against the order, dated 05.03.2026 passed in TR.O.P.No.78 of 2025 on the file of the Principal District Judge, East Godavari District, Rajamahendravaram. 2. Heard the learned counsel for the petitioners. 3. The petitioners are plaintiffs in O.S.No.49 of 2020 filed against the respondents for permanent injunction and it is pending on the file of Junior Civil Judge, Anaparthi. Seeking to transfer the same to the file of any competent Court of jurisdiction, the petitioners filed Transfer Original Petition No.78 of 2025 under Section 24 of the Code of Civil Procedure, 1908 (for short ‘the CPC’). The Principal District Judge, East Godavari District, Rajamahendravaram has dismissed the said petition with the following reasons:- g) In order to transfer a case, there must exist something more compelling from the point of public justice and not the attitude of a sensitive litigant. Except expressing apprehension that the petitioners may not get justice, no substantive reason was given for transfer. Transfer cannot be 5 made on such vague allegations, which has not been supported by any relevant material. h) Administration of justice is the only duty of any Court and in such process, the learned Presiding Officer had proceeded with the matter and as rightly argued by the learned counsel for the respondent, if the suit is transferred to any other Court, that act indirectly casts doubt on the integrity of the Presiding Officer. It is not interest of either advocate or the officer to continue the suit, in any particular Court and ultimately, paramount consideration of the parties have to be taken into consideration. i) As per the circular instructions of the Hon’ble High Court of Andhra Pradesh in Roc.No.559/OP Cell-E/2022, dated 20.10.2022, Roc.No.560/OP Cell/2022, dated 23.11.2022 and Roc.No.101/OPCell/2023, dated 12.10.2023, five (05) years old cases have to be disposed as expeditiously as possible and without co-operating the Court, petitioners have come up with the plea of partiality which does not have any basis. 4. Having considered the submissions made by the learned counsel for the petitioners, and upon perusal of the material available on record as well as the reasons assigned by the Principal District Judge, Rajamahendravaram, East Godavari District for dismissing the Transfer Petition, I am of the considered opinion that the petitioners have not raised any valid legal grounds seeking transfer of the suit as prayed for. 5. Accordingly, this Civil Revision Petition is dismissed. 6 6. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this case shall stand closed. __________________________ JUSTICE BATTU DEVANAND Dated: 17.04.2026 TM 7 THE HON’BLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO.1033 OF 2026 Dated: 17.04.2026 TM