Citation : 2024 Latest Caselaw 6645 AP
Judgement Date : 2 August, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT A
FRIDAY, THE SECOND DAY OF AUGUST, ll, I.? `
TWO THOUSAND AND TWENTY FOUR ;L'\`'Y;``&:i
:PRESENT:
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
clvlL REVISION PETITION NO: 3780 OF 2013
Betwee n :
1. Konchada Ramamurthy, @ Ramulu, S/o. Late Appanna, Hindu, aged
about 72 years Business, R/o.Seetharam Nagar Street, Opp.to.
Government Junior College, PurushottamPuram Village ln Palasa
Nagar, Panchayat,Palasa Mandalam, Srikakulam District
2. Konchada Davalewara Rao @ Raju, S/o.Ramamurty,Hindu, aged 44
years, Employee, working aS Engineer in Navala Scient'lfic, And
Technological Laboratories,NAD Kotha Road, Visakhapatnam-9,
visakhapatnam District,permanent, Rest-do.
3. Varanasi Venkata Rajyam, W/o.RamanaraSimharaO, aged 40 years,
Hindu, household duties, residing at back Side Of the, APSRTC
Maddilipalem, Department,Maddilipalem, V'lsakhapatnam,
visakhapatnam District
. . .pet-lt-IOnerS/ Pet-ItiOnerS 1, 2 & 4/
Defendants 1, 2 &4
AND
1. Konchada Ganapathi Rao, S/o. Late Appanna, Hindu, Aged about 72
years, R/o. Kasibugga, Palasa Mandatam, Srikakulam Distr'ICt.
2. Konchada Bheema Rao, S/o.Ganapathi Rao, Hindu, Aged about 44
years, R/o. Kasibugga, Palasa Mandalam, Srikakulam D'lstrict.
3. Konchada Dh'llleswara Rao, S/o. Ganapathi Rao, Hindu, Aged about 40
years, R/o. Kasibugga, Palasa Mandalam, Srikakulam District.
...Respondents/Petitioners/
plaintiffs 1 to 3
4. Penta Lakshmi, w/o. Rama Rao, aged about 49 years, Household
duties, resident of penta veedhi ,'n Kasibugga, palasa Manalam,
Srikakulam DI-Strict.
5. Sana Venkataramana, s/o.chandrasekhara Rao, Hindu, aged about 35
years Business, residI'ng at Nityanandanagar l'n Kasibugga, palasa
Manalam, srjkakulam District.
6. Sana Chandrasekhara Raow S/o. Late Dalisetti, Hindu, aged about 63
years BusI'neSS, residing at Nl-tyanandanagar in Kasl'bugga, palasa
Manalam, Srl'kakulam DI'Strl-Ct.
i ....Respondents/petitioners/
Proposed plaintiffs 4 to 6
7. Konchada Bhoochandra Rao, S/o. Ramamurfhy, Aged 30 years,
student,c/o. Konchada Davaleswara Rao, @ Raju, Resident of Navala
sol-entifiC and Technological Laboratories, NAD Kotha Road,
Visakhapatnam-9, Visakhapatnam DistrI®Ct.
8, Kalivarapu Bhoolakshmi, w/o.srinivasa Rao, aged 38 years, Resident
of purushottapuram village, palasa Mandalam,srikakulam District
9. Konchada vanajakshmI', D/o.Ramamurfy, Aged 36 years, Hindu,
household duties, c/o. Konchada Dhavaleswara Rao, Rest-dent of NAD
Kotha Road,VI'Sakhaptnam -9, Visakhapatnam Dl'strl'ct.
10. Bandaru Babu Rao, S/o. Late Satyanarayana,Aged68 years,
Hindu, Busl'ness, resl'dent of purushothapu-am vI'llage, palasa
Mandalam, Srikakulam Distrl-ct.
ll. Payala Kameswari (DI'ed), -
12. sudiyaAmaravathi, w/o. satyanarayana, Aged 58 years, Hindu,
Household duties, resl'ding at udayapuram Gramam, palasa Mandalam
and post, SrI'kakulam District
13. penta Krishna Rao, S/o LateGunnajah,Aged60years, Hindu,
Household duties, residl'ng at udayapuram Gramam, palasa Mandalam
and post, Srikakulam District.
14. Konchada Surya Rao, S/o. Late Neelakantam, Aged 34 years,
Hindu, Business, residing at Udayapuram Gramam, Palasa Mandalam
and post, Srikakulam District.
15. Jameena Durgarao, S/o.,Late Ramaswamy, aged 40 years,
Hindu, Business, Palasa Village and Mandalam, Srikakulam District.
16. Sasanapuri Murali Krishna, S/o. Rameswara Rao, aged about 41
years, Hindu, Business, Reddika Veedhi, Palasa Village and Post and
Mandalam, Srikakulam District.
17. Pyla Venkata Ramana, S/o. Late Krishna Rao, aged 44 years,
Hindu, Cultivation, resident of Narsipuram Village, Palasa-Kasibugga
Municipality, Kasibugga Post, Palasa Mandalam, Srikakulam District.
18. Pyla Srinivasa Rao, S/o. Late Kriushna Rao, aged 37 years,
Hindu, Cultivation, resident of Narsipuram Village, Palasa-Kasibugga
Municipality, Kasibugga Post, Palasa,Mandalam, Srikakulam District
19. Karri Anjiamma, W/o. Yogeswara Rao, aged 41 years, Hindu,
Household duties, resident of BIock No. 5/B, Street No.18, Section 7,
Bhilai Durga District, Chattisgarh State.
20. Bammidi Meenakshi, W/o. Gopal Rao, aged 39 years, Hindu,
Household duties, residing at Door No. 28-03-26/2, Srinivasa Street,
Marripalem, Visakhapatnam
Respondents/Petitioners
(Respondents 7 to 20 herein are not necessary parties in the CRP)
Petition under Article 227 of the Constitution of lnd-la against the
Judgment and Decree in I.A.No. 264 of 2010 in O.S.No.~9 of 2003 dated
12/6/2012 of the court of the Spl.Judge for Trial Cases under SC & Sts(POA)
Act,1989-Gum-Addl.District Judge Srikakulam.
lA NO.. 1 OF 2013 (CRPMP.NO.5056 of 2013)
petitl-on under sectl'on 151 CPC prayl®ng that in the circumstances
stated in the affI'daVit filed in support of the petition, the High Court may be
pleased To grant stay of all further proceedings in o.s.No.9 of 2003 on the file
of the court of the SPI.Judge for Trial Cases under sc & sts(POA) Act,1989-
cum-Addl.District Judge Srikakulam, pending disposal of the cI'V" revl'sion
petit,Ion and pass, pending disposal of CRP 3780 of 2013, on the file of the
High Court.
The petition coming on for hearing, upon perusing the petitl'on and the
affidavit filed in support thereof, the court made the following
ORDER
f€The present c.RIP. is filed pursuant to Judgment and Decree
dated 12.06|2012 in I.A. Nol264 of 2010 in O.S.No.9 of 2003 while the SUI-t was pending before the learned prjnicpal District Judge, srikaku[am. subsequently, the suit was transferred to the learned Additional District Judge, sompet and renumbered as o.s.No.81 of 2018.
sri p.Keshava Rao, learned counsel for the petitioners was elevated as a Judge of the High Court for the state of Andra pradesh and the state of Telengana at Hyderabad. unfortunately, srI- P.Kesava Rao expired while I-n Office in 2021.
In view of the same, the RegI-Stry iS directed to int[-mate the learned Additional Distrl-ct Judge, sompet to intimate the partl-es concerned in o.s.No|81 of 2018 about the pendency of the present c.R.P and submit a report tO the Court to that effect.
_-------_-----__ List on 14.08.2024, along with C.R.P. Nos.3779 & 3927 of 2013."
sD/- K.SR'NIVASA RAJU ASSl STANT E lSTRAR ]l
//TRUE COPY// o[u][v., _...____
Fc).
To]
1. The Registrar (Judicial), High Court of Andhra Pradesh at Amaravati
2. The Additional District Judge, Sompet (BY SPEED POST-with the
direction intimate the parties concerned in O.S.No.81 of 2018 about the
pendency of the present C.R.P and submit a report to the Court to that effect)
3. One CC to Sri P Veera Reddy Advocate [OPUC]
4. One CC to Sri Karri Murali Krishna Advocate [OPUC]
5. The Section officer, CRP Section, High Court of Andhra Pradesh at Amaravati
6. One spare copy HIGH COURT
VN,J
DATED :02/08/2024
LIST ON 14.08.2024, ALONG WITH C.R.P. NOS.3779 & 3927 OF 2013
ORDER
DIRECTION
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