Andhra Pradesh High Court - Amravati
Puchakayala Bhaskar Reddy vs Ejjigiri Venakta Subbamma ... on 29 December, 2022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 3)
THURSDAY, THE TWENTY NINETH DAY OF DECEMBER ©:
TWO THOUSAND AND TWENTY TWO -
:PRESENT: Ao
THE HONOURABLE SRI JUSTICE B VL. NCHAKRAVARTHI =
IA No. 1 OF 2022
IN
CRP NO: 3156 OF 2013
Between:
Puchakayala Bhaskar Reddy, S/o, Pola Reddy, aged 41 years, Employee in
Judicial Department, R/o. 12-9-E, Gundalavari Thota, Back Side Odl
Municipal Corporation Office, Nellore.
...Petitioner/1* Defendant
AND
1. Ejjigiri Venakta Subbamma, W/o. Late Mulakondaiah, aged about 32 years,
Senior Citizen, R/o. 16-3-418/5, Muthyalapalem, Nellore.
2. Pulimi Prasad Reddy @ Prabhakar Reddy, S/o. Poli Reddy, Landlord, R/o.
Haranathapuram, Nellore.
(the 2"° Respondent is not necessary to this CRP)
..Respondents/2™ Defendant
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 extend
the interim orders granted by this Hon'ble Court in C.R.P.No. 3156 of 2013 dated
07.08.2013 as extended in LA.No. 1 of 2019 dated 30-12-2019, pending disposal of
CRP No. 3156 of 2013, on the file of the High Court.
[A_NO: 1 OF 2013(CRP.MP.No. 4195 OF 2013)
Petition under Order 39 Rule 1 & 2 r/w Section 151 of CPC praying that in the
circumstances stated in the affidavit filed in support of the petition, the High Court
may be pleased to grant an order of injunction restraining the 1° respondent/plaintiff
from interfering in the peaceful and enjoyment of possession of the petitioner in an
extent of 8 ankanams in Sy.No. 625 of Mutyalapalem, Nellore Town, Nellore District,
pending disposal of CRP 3156 of 2013, 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 orders of the High Court dated 22.07.2023,
07.08.2013, 18.11.2019, 29.11.2019, 30.12.2019 made herein and upon hearing the
arguments of Sri S Lakshminarayana Reddy, Advocate for the Petitioner and of Sri
Penumaka Venkata Rao, Advocate for the Respondent No.1, the court made
following
ORDER:
"Heard both sides. The learned counsel for Revision Petitioner
submitted that, interim stay was granted earlier until further orders, but the
trial Court insisting for fresh interim stay order in the light of judgment of the
Hon'ble Supreme Court.
The learned counsel for Revision Petitioner submitted that the 'D' form
patta was granted in favour of the respondent/plaintiff was cancelled by the
Tahsildar. Subsequently, the respondent / plaintiff filed a suit for permanent
injunction basing on the cancelied 'D' form patta. Therefore, the Revision
Petitioner filed an application to reject the plaint, as there is no cause of action
for the suit, as 'D' form patta was not in force on the date of filing of the suit.
The trial Court did not consider the application and rejected the same.
Therefore, if the suit is disposed of pending Revision Petition, the rights of the
Revision Petitioner would be affected.
In that view of the matter, the interim stay granted earlier is extended for
eight (08) weeks."
Sd/- M. SURYANADHA REDDY
DEPUTY REGISTRAR
HTRUE COPY// b
SECTION OFFICER
1. The Principal Junior Civil Judge, Nellore, Nellore District.
2, One CC to Sri. S Lakshminarayana Reddy, Advocate [OPUC]
3. One CC to Sri Penumaka Venkata Rao, Advocate (OPUC)
4. One spare copy.
B
HIGH COURT
BVLNC,J
DATED: 29/12/2022
ORDER
LIST ON 27.01.2023
IA NO.1 OF 2022
IN
CRP.No.3156 of 2013
EXTENSION OF INTERIM DIRECTION
eg
