Alla Sreeravamma vs Arumalla Krishnareddy
2023 Latest Caselaw 5176 AP

     HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                       A.S. No.319 of 2022

                          Proceeding Sheet

Sl.   Date                           Order                           Office
No.                                                                  Note
05 20.10.2023   VJP, J
                              I.A.No.01 of 2022

                     Heard Sri N. Jeevan Kumar, Advocate
                representing Sri D. Yathindra Dev, learned
                counsel for the petitioner/appellant and Sri
                J.   Janaki     Ramireddy      and     Sri    N.N.
                Somendra Reddy, learned counsels for R1
                to R5/D1 to D5.
                     Suit is filed for partition of the plaint
                schedule property i.e., item Nos. 1 to 4
                mentioned      in    the     plaint    schedule.
                Impugning the judgment and decree dated
                28.09.2022, passed in O.S. No.250 of 2013
                on the file of II Additional District Judge,
                Guntur,       dismissing     the      suit,    the
                unsuccessful plaintiff carried this appeal
                before this Court.
                     Learned counsel for the appellant
                would submit that, during the pendency of
                the suit, the defendants sold away some
                property and the third parties were added
                as D4 and D5 in the suit.             Even after
                disposal of the suit, the defendants sold
                away part of item No.2 of the plaint
                schedule property under a registered sale
 deed dated 16.09.2023.              They have good
grounds to win the appeal.                  Learned
counsel prays to direct the defendants not
to alienate the schedule properties to third
parties to avoid multiplicity of litigation.
      Learned counsel for respondents 1 to

5 are in attendance.

Considering the submissions made and since the appeal takes some time for disposal, the respondents 1 to 5 are directed not to alienate the schedule properties to third parties, pending disposal of the appeal.

Accordingly, this Interlocutory application is ordered.

I.A.No.01 of 2023

This petition is filed to implead R1 to R5 in the present petition as respondent Nos. 7 to 11 in the main appeal, since the defendants in the suit sold away part of the item No.2 of the schedule property to them.

Issue notice to the respondents. Learned counsel for the petitioner is permitted to take out personal notices to the R1 to R5 by RPAD and file proof of service in the registry by next date of hearing.

P.T.O., A.S.No.319 of 2022 Post the matter after Four (04) weeks.

_______ VJP, J

Note:

Issue CC today.

B/o.

mnr