Citation : 2023 Latest Caselaw 3505 AP
Judgement Date : 17 July, 2023
IN THE HIGH COURT OF ANDHRA PRADESH AT AfVIARAV
MONDAY, THE SEVENTEENTH DAY OF JULY,
TWO THOUSAND AND TWENTY THREE -'r€+z#!<£
PRESENT: -```-~ -i
THE HONOURABLE Sill jiL;sVrfe`E'A.V. RAVINDRA BABU /STY-i|as#+#i-#<{i`
lANo. 2 OF2023
lN
AS NO: 67OF2O22
Between:
1. Andhra Pradesh Electrical & Equipment Co Ltd (APEEC),(Prop. EIectric
ConstructI'On & EquI'Pment Co.Ltd. (name changed to M/s. ECE Industries
Limited on 05-06-1987, Company incorporated in the companies Act, 1956
with l'ts Registered Office at ECE House, 28-A, Kasturba Gandhi Marg, New
Delhi-11001 and Local Office at Birla Junction, NH-5 Road, Jyothi Nagar,
Visakhapatnam-530007, represented by its authorized signatory Mr. R.Mohan
Reddy, S/o.Late R.P.Reddy, Hindu, aged 67 years, Ashok Margr.JJ §anathan
Nagar, Hyderabad.
2. M/s Bhukhand Developers L.L.P., Incorporated and registered under the
Limited Liability Partnership Act, 2OO8 and having its office at 4 India
Exchange Place, 6th Floor, Kolkata 700001, represented by its Authorized
astl gAnsaht: kryMMarrg Rs¥ : al tahna nR eivdadgy: r ,S4oydLeart: b: dP (R2:dd # I nat:ffe da d6d7eyde aa :s i eRreosrldd:nrg
in I.A.No.371/2020 dated 28.01,I.2021)
...Appellants/Plaintiffs
AND
1. Nethinti Appanna, S/o late Ramaiah, aged 50 years, resident of Door No.ll-
9-12, Srl' Kurmam Madhura Manguvaripeta, Srikurmam, Srikakulam Town. 2.
2. Aarangi Chakravarfhi, s/OOR?machandra Rao, aged 26 years, Resident of
Door No. 2-2-31, Kamarajamma Street, Near Old Employment llisipuram,
Srikakulam Town.
3. Bagadi Venkata Ramana Murthy, S/o Bagadl' Lakshminarayana, aged 42
years, R/o Door No.14-657, MM Nagar, Palakonda, Srikakulam District.
4. Gandi Radha Krishna, S/o Appala Naidu, (Died) LRs not required to bring
On record aS deceased are agents of GPA
5. Nethintl' Chenchu Naidu, S/o. Late Ramaiah, (Died) LRs not required to
bring on record as deceased are agents of GPA
6. Smt. Aarangi Hemalatha, W/o.Ramachandra Rao, aged 50 years, R/o Door
No.2-2-31, Kamarajamma veedhi, Ljsilipuram, Srikakulam Town.
7. Bagadi Lakshmi Narayana, S/o late Neelaiah, (Died) , (Died) LRs not
required to bring on record as deceased are agents of GPA
8. Gandi Demudu, S/o Appalanaidu, Aged about 50 years, R/o Door.No.1-278/A,
Mallunaidu Palem Vl'Ilage,`Sabbavaram Mandalam, Visakhapatanam District.
9. The DI'StriCt Registrar, Visakhapatnam-1.
10. The Sub-Registrar, Dwarakanagar, Visakhapatnam.
...Defendants/Respondents
petitl-on is filed under order 39 Rule 1 & 2 of CPC is filed praying that in the
circumstances stated in the affidavit f,'led jn support of the petition, the High Court
may be pleased to grant injunctl'on restraining the respondents/defendants No.1 to 8
and their henchmen fro.m interfering wl'th the possession of the petitioners schedule
Property Land measurlng an extent of Ac.10-302/3 Cents of Land Situated in
Marripalem and Kapparada villages of visakhapatnam in the following s.No.59/ 1p;
41/1p (new); 32 (old) 9r 42/4p (nlew); 66/1 ; 66/2; 66/3; 66/4; 57/3p; 57/4p; 57/5p and
59/3p within the followlng boundaries for the entire sl'te, East.I Land Belonging to M/s
Lakshml' Techno Solutl'on (P) Ltd., `South: Bapuji Nagar Colony, West: Municipal
Road Jyothi Nagar, North: National Highway, pending disposes of AS No.67 of 2022
The petition coming on for hearing, upon perusing the petition and the
affidavit filed in support thereof and the order of the High Court dated 4.3.2022,
25.03.2022) 27.04.20221 28.04.20221 01.07.20221 03.08.2022, 23.08.20221
12.10.2022,14.ll.2022, 25.01.2023, & 09.02.2023` made herein and upon hearing
the arguments of SRI V RAMESH Advocate for A.Chandra Shekar, Advocate for the
Appellants and smt. s.v. lndira, Advocate for the Respondent Nosl1, 2, 3, 6 & 8, the
Court made the following
ORDER:
While perusing the matter to prepare judgment, it is found that the aPPellants dl-d not fI'Ie a copy`of GPA's said to be executed by D4 in favour of D5und D7. A perusal of the sam6`.'is necessary to decide the matter. Apart from that lower Court record is not received.
Registry placed the information that they contacted the court below and the appeal intimation will be complied soon.
ln the circumstances, it is open to the appellants to file the authenticated copy of GPA's executed by D4 in favour of D5 and D7.
Delete the matter under caption llreserved for Judgment" and list under the caption of llPart Heard" and the judgment will be fixed soon after compliance of above.
List on 21.07.2023.
Interim order, granted earlie+ , is extended till 21.07.2023.
Sd/- u. sF3I DEVI
ASSISTANT ¥jlsTRAR
//TRUE COPY//
For SECTION OFFICER
To,
1. The Special Sessions Judg?-``for Trial of Cases Under SCs & STs (POA) Act - Gum -XI Additional District & Sessions Judge & Visakhapatnam
2. The District Judge, Srikakulam, Srikakulam District.
3. The District Judge, Visakhapatnam, Visakhapatnam District.
4. One CC to Smt. S.V. lndira: Advocate [OPUC]
5. One CC to Sri. A.Chandra Sekhar, Advocate [OPUC]
6. Onesparecopy PSR
`\F _I+_i_ _ ,, ,L HIGH COURT
AVRB,J
DATED:17.07.2023
NOTE: LIST ON 21.O7.2O23.
_E-
ORDER
IANo. 2 OF2023 lN AS NO: 67OF2022
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INTERIM STAY EXTENDED ij, ,»'S:- -.-6=.f€¢;:\E*Jt ,;--: l3 ;:,;:i I. ,.6r --3 /L1`
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