Andhra Pradesh High Court - Amravati
Dasari Bhanu Padma vs Katuri Vasantha Rao on 8 March, 2021
Bench: B Krishna Mohan
BAG OS SL:
BOB
MONDAY, THE EIGHTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
SECOND APPEAL NOs: 93 AND 92 OF 2020
SECOND APPEAL NO: 93 OF 2020
Between:
Dasari Bhanu Padma, D/o.Rama Sitha .
... Appellant/ 18" Defendant/ Defendant
AND
4. Katuri Veera Vasantha Rao, S/o. Late Danaiah, Aged about 65 years, R/o. 6th
Lane, Buchaiah Thota, Guntur Town and District.
..Respondent/Defendant
2. Dasari Lava Kumar, S/o. Prasad, Hindu, Aged about 28 years, R/o. 5th Lane,
Butchiah Thota, Nehru Nagar, Guntur.
3. Dasari Rama Seetha, W/o. Prasad, Hindu, Aged about 48 years, R/o. Sth Lane,
Butchaiah Thota, Nehru Nagar, Guntur.
4. Katuri Bhaskar Rao, S/o. Late Danaiah, Aged about 67 years, R/o. Opposite
Masjid, 5th Line, Butchaiah Thota, Guntur Town and District.
.... Respondents/Respondents
Second Appeal under Section 100 CPC, aggrieved by the Judgment and Decree
as made in AS.No.89/2014 of the learned IV Additional District Judge, Guntur dated
20.12.2019 reversing the well considered and well reasoned judgment of the learned
Principal Senior Civil Judge, Guntur as made in OS.No.425 of 2008, dated 26.3.2014.
IA NO: 1 OF 2020
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 stay of
operation of decree in A.S.No.89 of 2014 dated 20.12.2019 of IV Additional District
Judge, Guntur, reversing the decree and judgment dated 26.3.2014 in O.S.No.425 of
2008 on the file of Pri. Senior Civil Judge, Guntur, pending disposal of SA 93 of 2020,
on the file of the High Court.
IA NO: 2 OF 2020
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 permit the
petitioner/appellant to raise the additional ground in the above SA.No. 93 of 2020 in the
interest of justice., Pending disposal of SA 93 of 2020, on the file of the High Court.
SECOND APPEAL NO: 92 OF 2020
Between:
Dasari Bhanu Padma, D/o. Rama Sitha
Appellant/Respondent/Plaintiff
AND
1. Katuri Vasantha Rao, S/o. Late Danaiah, R/o. 6" Lane, Buchaiah Thota, Guntur
Town and District.
Respondent/Appellant/Defendant
2. Katuri Bhaskar Rao, S/o. Late Danaiah, R/o. Opposite Masjid, 5!" Line, Butchaiah
Thota, Guntur Town & District.
Respondent/Defendant
Second Appeal under Section 100 of C.P.C aggrieved by the Judgment and
decree as made in AS.No. 80/2014 of the learned IV Additional District Judge, Guntur
dated. 20-12-2019 reversing judgment of the learned Principal Senior Civil Judge,
Guntur as made in OS.No. 445 of 2006, dated. 26-3-2014.
The petitions coming on for hearing, upon perusing both the Petitions and the
affidavit filed in support thereof and upon hearing the arguments of K Srinivas Advocate
for the Petitioners, and of Sri S Satyanarayana Moorthy Advocate for the Respondents
and the Court made the following.
The Court made the following:
ORDER:
"These two Second Appeals arises against the Common Judgment
and decree in A.S.No.80 of 2014 and A.S.No.89 of 2014 on the file of the
IV Additional District Judge, Guntur dated 20.12.2019 reversing the
Judgment and decree in O.S.No.445 of 2006 and O.S.No.425 of 2008 on
the file of Principal Senior Civil Judge, Guntur dated 26.03.2014.
Heard the learned counsel! for the appellant and the learned counsel
for the 1st respondent.
The trial Court decreed the title suit and dismissed the injunction
suit vide its Judgment and decree dated 26.03.2014.
Aggrieved by the same, the defendants preferred A.S.No.80 of 2014
and A.S.No.89 of 2014. Upon hearing the matter, the lower appellate
Court allowed the said suits reversing Judgment and decree of the trial
Court vide its Judgment dated 20.12.2019.
Aggrieved by the same, the appellant filed these two Second Appeals
under
Section 100 C.P.C raising certain grounds as substantial question of law
as follows:-
Whether the appreciation and findings of the Appellate Court in
reversing the Judgment and decree of the trial Court is perverse
with regard to the nature of relief sought by the respective
parties?
It is stated across the bar that the 1st respondent is in possession of
the suit schedule property and there is an injunction in favour of the 15
respondent. It is also represented by the learned counsel for the 15t
respondent that the then existing structure is demolished.
In view of the above said reasons, these two Second Appeals are
admitted.
List these two Second Appeals together for final hearing
immediately after summer vacation, 2021.
In the meanwhile, there shall be an order of status-quo with respect
to the suit schedule property until further orders"
Sd/-E.KameswaraRao
ASSISTANT REGISTRAR
IITRUE COPY// SECTION OFFICER
To,
4. Dasari Lava Kumar, S/o. Prasad, R/o. 5th Lane, Butchiah Thota, Nehru Nagar,
Guntur.
2 Dasari Rama Seetha, W/o. Prasad, Hindu, R/o. 5th Lane, Butchaiah Thota,
Nehru Nagar, Guntur
3 Katuri Bhaskar Rao, S/o. Late Danaiah, R/o. Opposite Masjid, 5th Line,
Butchaiah Thota, Guntur Town and District(Addresses for 1 to 3 by RPAD-
along with a copy of petition and memorandum of grounds)
One CC to Sri. K Srinivas Advocate [OPUC]
One CC to Sri. S Satyanarayana Moorthy Advocate [OPUC]
One spare copy
Oak
PR
HiGH COURT
PA
ee
BKM,J
DATED: 08/03/2021
LIST THESE TWO SECOND APPEALS TOGETHER FOR FINAL HEARING
IMMEDIATELY AFTER SUMMER VACATION, 2021.
SECOND APPEAL NOs: 93 AND 92 OF 2020
STATUS QUO
"Sy 2Esparcne'
