Andhra Pradesh Electrical And ... vs Nethinti Appanna
2023 Latest Caselaw 787 AP

Citation : 2023 Latest Caselaw 787 AP
Judgement Date : 9 February, 2023

Andhra Pradesh High Court - Amravati

Andhra Pradesh Electrical And ... vs Nethinti Appanna on 9 February, 2023

IA No. 2 OF 2023 a
iN .
AS NO: OF OF 2022
Seiween: - :
1. Andhra Pradesh Electrical & Equipment Oo Ud (APEEC) (Prop. Electric

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHD ---""
THURSDAY, THE NINTH DAY OF FEBRUARY, aw
TWO THOUSAND AND TWENTY THREE
SP etioe

Cansiruction & Equipment Co.Lid. (name changed fo M/s. ECE Industries
Linited on 05-08-1987, Company incorporated in the Companies Act, 1926
with is Registered Office at ECE House, 28-A, Kasturba Gandhi Marg, New
Paih-TiOOt and Los cal Office at Birla Junction, NH-S Road, Jyothi Nagar,
Visakhapainan-S3cod?7, represented by its authorized signatory Mr. R. Mohan
Reddy, Sfo.Late R.P Reddy, Hi nau; aged SY years, Ashok Marg. Sanathar
Nagar, Hyderabad.

Mis Bhushand Develoners LLP, "'{rcorporated and registered under the
Limited Liability Partnership Act. 2608 and having its office af 4 India
Exchange Place, 8° Floor, Kolkata 700001, represented by jis Authorized
Signatory Mr. R.Mohan Reddy, S/oLate R.P Reddy, aged Ofysars, Reaicing
at Ashok Marg. Sanathan Nagar, Hyderabad. (2° plaintiff added as per orders
In LANG OF 1/2020 dated 28.01. 2024).

oo Appellants/Plaintills

AND

Nethint i Appanna, Sic tate Rariaiah, aged 50 years, resident of Door No. Ve
~T2, Sr Kusmam Madhura Manguvaripe ipata, Srikurmar, Srikakulam Town. ¢.

patanel Chakravarthi, Gio Ramachandra Reo. aged 26 years, Resitient ot
Door Na. 2-2-34, Kama ara} amma, Streat, Near Old Ernployment Usipuram,
Srikakulam Town,
Sagadi Venkata Ramana Murthy Sio Bagadi Lakshminarayana, aged 42
years, Rio Door No. 14-657, MM Nagar, Palakonda, Sokakulan Oietict,
Gandi Radha Krishna, S/o Appala Naidu, (Med) LRs not required to bring
on record as deseaged are ® agents 'OF GPA
Nethinti Chenchu Naidu, S/o. Late Rarmalah, (Died) LAs not required to
bring on record as deceased are agents of GPA
Smt. Aarang! Hemalatha, Wo.Ramachandra Rao, aged 50 years, Rio Door
Na 2-23-31 » Ramargiamma Yeedht Listisuram, Srikakulam Town,
Bagadi t Lakshmi N arayana, S/o late Neelalah, (led) , (Died) LRs not
required to bring on record as deceased are agents of GPA
Gandi Demudu, S/o Appalanaidu, Aged about $0 years, Réo Doar.No. T-2? BA,
Mailunaidu Palem Vi lage, Sabbavaram Mandalam, Visakhapatanam District.
The District Registrar, Visakhapatnam: ~t,

40. The Sub-Registrar, Uwerasanagal, 'Misakhapainam.
 wefanidante/ Respondents


Pafifion is fled under Order 39 Rule 1 & 2 of OPC js fled praying that in the
clrournstances stated in the affidavit fled in support of the petition, the High Court
may be pleased to grant Injunction restraining the rassomenia/delendants No.7 in §
and their henchmen from interfering with the possession of the petitioners schedule
nroperty Land measuring an extent of Ac.10-302/3 Cents of Land Situated in
Marripgiem and Kapparada Villages of Visakhapainam in the following S.No.8o/ Tg
4ifto (news: 82 (old) or 42/4p (naw) 86/1) BOYZ; Sara, GOV4: OP Rp, SF /Mp, 57/55 and
89/Sn within the following boundaries for the entire site, hast: Land Belonging to M/s
Lakshmi Techno Solution (P} Lid, South: Bapujl Nagar Colony, West Municipal
Road Jyothi Nagar, North: National Highway, pending disposes of AS No.8? of 2022

The petition coming on for hearing, upon perusing the Petition and the
affidavit fled in support thereof and the Order of the High Court dated 4. 3.2022,
Qh O39. 9082, 87.04.2022, 28.04.2022, OLOP 2022, O3.08.2028, 23.08.2022,
42.40.2022 14.47.8082 and 26.01.2089 made hersin and upon hearing the
arguinents of SRI V RAMESH Advocate for AChandra Shekar, Advaoate for the
Appellants and Smt. SV. Indira, Advocate for the Respondent Nas.1, 2, 3,6 & 8, the
Court made the following. a
ORDER:

"Gri Y Ramesh, jearned counsel, representing learned counsel for the appellants Sri ACchandra Sekhar, is present.

Simi. S.viindirs, isarned counsel for the respondents is alse present.

it ig brought te the notices of this Court that previously this Gourt by virtue of an order dated 14.11.2092, oslled for the Lower Court record fram the trial Court. Dos

The learned counsel Sri V. Ramesh, representing the learned counsel for the appellants further represented that infact when they represented befare the Court that they are ready te submit the arguments in the appeal, this court galled for the Lower Court record.

Today, both the learned counsel requested to take up this appeal for final hearing.

it ia represented by Sri V.Ramesh, learned counsel representing learmed counsel for the appellants, that the Court below disposed the suit as infructuous basing on the memo fled by the contesting defendants without recording any evidence and the scope of this appeal is very limited and there is also urgency and both sides are willing fo take up the appeal for final hearing. ey

Heard the arguments of Sri V. Ramesh, learned counsel, representing isarned counsel for the appellants. Sri. A.Chandra Sekhar and Smt. S.Vindira, isarned counsel for the respondents. -

The matter is reserved for judgment.

Interim order, granted earlier, fe extended 8H pronouncement of judgment'. : :

SD/-H. PRABHAKAR RAO ASSISTANT REGISTRAR

PPRUE COPY! :

- For ASSISTANT REGISTRAR

UPAR ILSEALE,

To,

BauRANIANENE ee

The District Judge, Visakhapat

One CC fo Sri. A. Chandra Sek Cine spare copy

de Oh

The District Judge, Sdkakulam,