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B.L.Ananda Rao, vs Govindarajulu Seshachalam,
2023 Latest Caselaw 1506 AP

Citation : 2023 Latest Caselaw 1506 AP
Judgement Date : 17 March, 2023

Andhra Pradesh High Court - Amravati
B.L.Ananda Rao, vs Govindarajulu Seshachalam, on 17 March, 2023
Bench: Ravi Cheemalapati
          HIGH COURT OF ANDHRA PRADESH :: AMARAVATHI
MAIN CASE NO:    CRP No. 584 of 2022
                        PROCEEDING SHEET
Sl.                                                                          OFFICE
        DATE                             ORDER
No.                                                                           NOTE

      17-03-2023 RC, J:

                          Today the matter is moved stating
                 that there is urgency in the matter as the
                 Court    below     has    posted       the     suit   for
                 pronouncement of judgment. Considering his
                 request,    the    matter       is    taken     up    for
                 consideration today.
                         The learned counsel for the petitioner
                 is permitted to take out fresh personal
                 notices on the respondents and also on their

counsel appearing before the Court below by registered post with acknowledgment due and file proof of service before the Registry.

Post on 31.03.2023.

____________ RC, J I.A.No.1 of 2022 Heard Sri JUMV Prasad, learned counsel for the petitioner. The learned counsel for the petitioner contended that the petitioner's father was granted patta for an extent of Ac.4-28 cents of land and having come to know that the said property forms part of the plaint schedule in O.S.No.251 of 2010, the petitioner filed an application under Order-1, Rule-10 CPC for impleading himself as defendant to the suit, but the

court below without considering the facts and circumstances of the case dismissed the petition. The petitioner's rights over the property will be jeopardized and also it leads to multiplicity of litigation in case he was not added as a party to the suit. The petitioner has got good and fair chances of succeeding the revision. In the meantime, if the suit is proceeded and decided the very purpose of filing this revision would be defeated. Hence, prayed to stay all further proceedings in the suit pending disposal of this Civil Revision Petition.

Perused the orders impugned in this revision Petition. The submissions made by the learned counsel and the grounds raised in the revision prima facie makes out a point for determination in this revision. In the meantime, if the suit is decided, the very purpose of filing this Civil Revision Petition would be defeated. Hence, this Court is inclined to grant the following interim order:

"there shall be stay of all further proceedings in O.S.No.251 of 2010 on the file of the Court of the learned Principal Senior Civil Judge, Kurnool, for a period of four (04) weeks".

____________ RC, J RR

 
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