Andhra Pradesh High Court - Amravati
Chinthala Venkata Rao vs Gonti Bhaskara Rao on 11 September, 2024
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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE ELEVENTH DAY OF SEPTEMBER,
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TWO THOUSAND AND TWENTY FOUR
I :PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
lANo. 5OF2O24 #
lN ,
AS NO: 95OF2024
Betwee n =
1. Chinthala Venkata Rao, S/o.Late Jogulu, aged 45 years, R/o D.No.2-22,
Harijana Veedhi, Coliectors Bungaiow Road, Patha Srikakuiam,
Srikakuiam Srikakuiam Town and District.
2. Chinthaia Sneha Prabha, W/o.Chinna Rao, aged 40 years. Household
duties, R/o D.No.2-22, Harijana Veedhi, Collector's Bungalow Road,
Patha Srikakuiam, Srikakuiam Town and District.
3. Potnuru Lakshmayya, S/o.Gurivi Guravayya, aged 48 years, R/o D. No.
14-9-25, Harijana veedhi. Collector's Bungalow Road, Patha
Srikakuiam, Srikakuiam Town and District.
4. Potnuru Swarnalatha, Wo.Lakshmayya, Aged 45 years. Household
duties, R/o DNo.4-9-25, Harijana Veedhi, Collectorls Bungalow Road,
Patha Srikakuiam, Srikakuiam Town.
...Petitioners
(Petitioner in AS 95 OF 2024
on the file of High Court)
AND
1. Gonti Bhaskara Rao, S/o.Suryanarayana, Aged 42 years, R/o DNo.14-
6-88, Harijana Veedhi, Collector's Bungalow Road, Patha Srikakuiam,
Srikakuiam Town and District.
...1St Respondent/Plaintiff
I
2. Kuramana Simhachalam, S/o.Latchayya, aged 40 years, R/o Door No.
14-6-88, Harijana Veedhi, Collector's Bungalow Road, Patha
Srikakuiam, Srikakuiam town and District.
3. Bommali Chinnammadu, W/o.Late Nookayya, Aged 50 years.
Household duties, R/o Besides Community Hall, HariJ-ana Veedhi,
Collector's Bungalow Road, -Patha Srikakulam, Srikakulam Town and
District.
4. Taltiri Raja Rao, S/o. Late Latsayya (Died).
5. Savalapurapu Eswaramma, W/o.Late Lingayya, aged 42 years,
Household duties, R/o besides Community Hall, Harijana veedhi.
CoIIector's Bungalow Road, Patha Srikakulam, Srikakulam Town and
District.
6. Dummala Larensu Pal, S/o. Narayana (Died).
7. Dasari Poornachandra Rao, S/o. Rajeswara Rao, Aged 30 years, R/o
D.No.13-9-122, Harl'jana Veedhi, Collector's Bunglow Road, Patha
Srikakulam, Srikakulam Town and District.
8. Dasari Chinttamma, W/o.Late Rajeswara Rao (Died) (Memo recorded in
Trial Court on 08.01.2020 stating that there are no LRs except who are
on record i.e. Appellant 2 and 4)
9. Dasari Trinadha Rao, S/o. Late Rajeswara Rao (Died).
10. Basava Gopala Rao, S/o. Late Kameswara Rao, Aged 55 years,
R/o MIG 117, Z.P.Colony, Near Amshedkhan Bhawan, Srikakulam
Town and District.
ll. Dummala Prabhavathi, W/o. Late Larence Paul, Aged 55 years,
working as Warden, R/o Besides Community Hall, Harijana veedhi.
Collector's Bungalow Road, Old Srikakulam, Srikakulam Town and
Districtr
12. Dummala Kranthi Swarpop, S/o. Late Larence Paul, Aged 25
years, R/o Besides Community Hall, Harijana veedhi. Collector's
Bungalow Road, old Srikakulam, Srikakulam Town and District.
13. Dummala Sagar, s/o. Late Larence Paul, aged 22 years, R/o
Besides Communl'ty Hall, HarI-jana Veedhi. Collector's Bungalow Road,
old Srikakulam, Srikakulam Town and District.
14. Dummala Sruthi, D/o. Late Larence paul, aged 28 years, R/o
Besides Community Hall, HarI'jana Veedhi. Collector's Bungalow Road,
old Srikakulam, Srikakulam Town and District.
(Respondents ll to 14 added as LRs of deceased 6th Respondent as per
orders in I.A,93/2015, dt.15.06.2016 of Trial Court).
15. Taltl'rl' Asiramma, W/o.Late Taltiri Raja Rao, aged about 55 years,
Hl'ndu
R/at besides Community Hospital Hall, HariJ-aha Veedhi, Collectors Bungalow
Road, Srikakulam Town and District.
(15th Respondent added as LR of 4th Respondent as per order I-n
I.A.408/2018, Dt.30.08.2018 of Trl'al Court).
...Respondent
(Respondents in-do-)
Counsel for the Petitioners : SRI SRINIVAS AIVIBATI
Counsel for the Respondent No.1 : SRI S.RAJAGOPALAN
Counsel for the Respondent Nos.ll to 14:SRI S.HARINATH REDDY
/
Petitl'on under Section 151 CPC praying that in the circumstances
stated in the affidavit filed I'n Support Of the Petl-lion, the High Court may be
pleased to grant stay of operation of judgment and decree dated o9.05.2023,
passed in OS No.40 of 2013, on the file of Learned Faml'Iy Court Gum Ill Addl.
District Judge, Srikakulam in os No.40 of 2013, dt.09.05.2023, pending
dl'sposal of AS No®95 of 2024, on the file of the High Court.
The court While directing I-SSue Of notice tO the Respondents herein to
show cause as to why thl-s applicatl-on should not be complied wl-th, made the
following order.(The receipt of this order wi" be deemed to be the receipt of
notice in the case).
I
ORDER:
l[Heard learned counsel for the Petitioners/Appellants and Respondent No.1/PIaintl-ff.
I No representation has been made on behalf of the other Respondents.
This Court, as per Order dated 16.07.2024, granted an interim stay, staying further proceedings pursuant to the decree dated o9.05.2023.
Learned counsel for the Respondent No.1 points out that the schedule property covers an extent of 10890 square feet. Whereas, the Petitioners have preferred the above Appeal Suit concerning the extent of the schedule property roughly around 1600 sq.feet. Because of the granting of stay of the proceedings, the Respondent No.1 has been unable to proceed with the remaining property as they would like.
Considering the submissions made, this court finds it appropriate to order a stay on further proceedings pursuant to the decree . ~ concerning only the property for whl'ch the Appellants are asserting their rights.
To clear ambiguity, it is made clear that jn respect of remaining Property, aS the Appeal has not been preferred, the plaintiff/Respondent No.1 can proceed with the remaining property in accordance with law.
lt seems that the other Respondents have not filed counter. For counter of Respondents 2 to 15, if any, list the matter after three (03) weeks."
I
sc!/- B. PRASADA RAO
ASSISTANT RE
//TRUE COPY//
For SEC"ON OFFICER
Tol
1. The Family Court Gum III AddI. District Judge, Srikakulam
2. Gonti Bhaskara Rao, S/o.Suryanarayana, R/o DNo.14-6-88, Harijana Veedhi, CoIIector's Bungalow Road, Patha Srikakuiam, Srikakuiam Town and District.
3. Kuramana Simha'chalam, S/o.Latchayya, R/o Door No.14-6-88, Harijana Veedhl', Collectorls Bungalow Road, Patha Srikakuiam, Srikakul®am town and District.
4. Bommall-Chinnammadu, w/o.Late Nookayya, R/o Besides Community Hall, Harijana Veedhi, Collector's Bungalow Road, -Patha Srikakulam, Srikakulam Town and Dl'strict.
5. Savalapurapu Eswaramma, w/o.Late Lingayya, R/o besides Communl-ty Hall, Harijana veedhi. collector's Bungalow Road, Patha Srl-kakulam, Srikakulam Town and Distrl'ct.
6, Dasari Poornachandra Rao, S/o. Rajeswara Rao, R/o D.No.13-9-122, Harijana Veedhi, CoI'ector's Bunglow Road, Patha SrI-kakulam, Srikakulam Town and District.
7. Basava Gopala Rao, S/o. Late Kameswara Rao, R/o MIG 117, Z.P.Colony, Near Amshedkhan Bhawan, Srikakulam Town and District.
8. Dummala Prabhavathl-, W/o. Late Larence Paul, working as warden, R/o Besl'des Community Hall, Harijana veedhi. collectorls Bungalow Road, old Srikakulam, Srikakulam Town and Distrl'ct
9. Dummala Kranthi Swarpop, S/o. Late Larence Pau,I, R/o Besides Community Hall, Harl-jana veedhi. collector's Bungalow Road, old Srikakulam, Srikakulam Town and District.
10. Dummala Sagar, S/o. Late Larence Paul, R/o Besides Community Hall, Harijana veedhi. collector's Bungalow Road, old Srikakulam, Srikakulam Town and Dist-riot.
ll. Dummala Sruthi, D/o. Late Larence Paul, R/o Besides Community Hall, Harijana veedhi. collector's Bungalow Road, Old Srikakulam, Srikakulam Town and District.
12. Taltiri Asiramma, W/o.Late Taltiri Raja Rao, R/at besides Community Hospital Hall, Harijana Veedhi, Collectors Bungalow Road, Srikakulam Town and District. (Addressee Nos.2 to 12 By RPAD)
13. One CC to iSri. Srinivas Ambati, Advocate [OPUC]
14. One CC to Sri. S.Rajagopalan, Advocate [OPUC]
15. One CC to Sri S.Harinath Reddy, Advocate [OPUC]
16. One spare copy MM r__ HIGH COURT TMR,J DATED: ll/09/2024 LIST THE MATTER AFTER THREE (03) WEEKS ORDER
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lA.No.5 OF 2024 IN AS.No.95 of 2024 STAY