Kodeboyina Venkata Ratna ... vs Kodeboyina Radha Mohana Krishna ...
2021 Latest Caselaw 408 AP

IN THE HIGH COURT OF ANDHRA PRADESH AT AM

MONDAY , THE FIFTH DAY OF OCTOBER

    

'PRESENT: BN SEG
THE HONOURABLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAK ARIS"

SECOND APPEAL NO: 4786 OF 2018
Between:

4. Kodeboyina Venkata Ratna Srinivas Kumar, S/o. (late)
Subrahmanyeswara Rao, Hindu, 48 years, Agriculturist, R/o.
Veeravalli (V and P), Bapulapadu Mandal, Krishna District.

2. Kodeboyina Vijaya Gangadhara Rao,, S/o. (late) Subrahmanyeswara
Rao, Hindu, 46 years, Agriculturist, Rio. Veeravalli (V and P),
Bapulapadu Mandal, Krishna District.

3. Kodeboyina Raghavendra Kumar,, S/O. (late) Subrahmanyeswara
Rao, Hindu, 43 years, Agriculturist, Rio, Veeravalli (V and P),
Bapulapadu Mandal, Krishna District.

4. Kodeboyina Sitharamanjamma, , Wo. (late) Subrahmanyeswara Rao,
Hindu, 80 years, housewife and properties, Rio. Veeravalli (V and P),
Bapulapadu Mandal, Krishna District.

Appeliants/Defendants No. 1 to 4
AND

4. Kodeboyina Radha Mohana Krishna Rao, S/o. Kodeboyina Venkata

Ratnam @ Rattaiah, Hindu, aged about 76 years, properties, Retired

R T.C. Employee, R/o. D.No.2-2, High School Road, Ramavarappadu
Viliage and Post, Vijayawada Rural Mandal, Krishna District.

__.Respondent/Respondent No.1/Plaintiff

2. Kodeboyina Ratna Rao,, S/o. late Govindarajulu, Hindu, Aged about
66 years, R/o. C/o. Kallam Sanjeeva Reddy, Undavalli Village,
Undavalli Centre, Tadepalli Mandal, Guntur District.

3. Kodeboyina Nagamani,, Wo. late K. Subrahmanyeswara Rao, Hindu,

Aged about 69 years, C/o. Adinarayana, Jagannadhapuram Village

and Post, Gopalapuram Mandal, Via Koyyalagudem, West Godavari
District.

4. Kodeboyina Gopi,, S/o. late Subrahmanyeswara Rao, Hindu, Aged
37 years, C/o. Adinarayana, Jagannadhapuram Village and Post,
Gopalapuram Mandal, Via Koyyalagudem. West Godavari District.

5. Kodeboyina Manikantha,, S/o. late Subrahmanyeswara Rao, Hindu,
Aged 35 years, C/o. Adinarayana, Jagannadhapuram Village and

Post, Gopalapuram Mandal, Via Koyyalagudem, West Godavari
District.

6. Kodeboyina Anusha,, Dio. late Subrahmanyeswara Rao, Hindu, Aged
33 years, C/o. Adinarayana, Jagannadhapuram Village and Post
Gopalapuram Mandal, Via Koyyalagudem, West Godavari District.

_..Respondents/Defendants No. 5 to 10
 

Second Appeal under Section 100 CPC praying that the Hon'ble
High Court may be pleased to set aside the Judgment and Decree in
A S.No.20 of 2013 dated 24.09.2018 passed by the XV Addl. District and
Sessions Judge, Nuzivid, Krishna District, confirming the Decree and
Judgment in O. S. No.49 of 2004, dated 29.11.2012 on the file of Senior
Civil Judge, Nuzivid, Krishna District and to dismiss the decree and
judgement in O. S. No. 49 of 2004 on the file of Senior Civil Judge, Nuzivid,
Krishna District

IA NO: 1 OF 2018

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 suspend the order of the XV Addl. District and Sessions Judge,
Nuzivid in AS.NO.20/2013 dated 24-09-2018 pending disposal of SA 1786
of 2018, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and
the affidavit filed in support thereof and the order of the High Court order
dated 4.2.2020 made herein and upon hearing the arguments of VEDULA
SRINIVAS Advocate for the Petitioner(s), M. KIRANMAYEE Advocate and
Sri Sai Gangadhar Chamarthy, Advocate for the Respondent(s), the Court
made the following

ORDER

(Taken up through Video Conferencing)

"Heard learned counsel for the parties.

Interim order passed earlier shall remain in operation until further orders.

immediately on resumption of physical hearing, the case be listed

for further orders." Sd/-V.Satyanarayana

ASSISTANT REGISTRAR [TRUE COPY! sectiON OFFICER

For To,

4. The XV Addl. District and Sessions Judge, Nuzivid

2 One CC to SRI. VEDULA SRINIVAS Advocate [OPUC] 3 One CC to SRI. M KIRANMAYEE Advocate [OPUC]

4. Sri Sai Gangadhar Chamarthy, Advocate [OPUC]

One spare copy

HIGH COURT

HCJ

DATED:05/10/2020

ORDER

NOTE: POST FOR FURTHER ORDERS IMMEDIATELY ON RESUMPTION OF PHYSICAL HEARING.

SA.No.1786 of 2018

INTERIM ORDER EXTENDED