Andhra Pradesh High Court - Amravati
Santhi Housing Plots Owners Welfare ... vs Pachava Subba Rathanam on 3 September, 2025
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
1
NJS, J & GTK, J
CMA_498_2019
APHC010380442019
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3549]
(Special Original Jurisdiction)
WEDNESDAY,THE THIRD DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
AND
THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
CIVIL MISCELLANEOUS APPEAL N
No: 498/2019
Between:
1. SANTHI HOUSING PLOTS OWNERS WELFARE ASSOCIATION,
REGD.NO.140/2016 REP.BY ITS SECRETARY SMT.R. SUHASINI,
BESIDE HAPPY CLUB, N.H.S. ATMAKURU VILLAGE
VILLAGE-
MANGALAGIRI MANDAL, GUNTUR D DISTRICT-522503
522503 HAVING ITS
REGD.OFFICE AT D.NO.3-15,
D.NO.3 15, PEDAVADLAPUDI, MANGALAGIRI
MANDAL, GUNTUR--DISTRICT,
DISTRICT, ANDHRA PRADESH, PH9848156280
2. AMBATI MADHU MOHANA KRISHNA, S/O. RANGA RAO HINDU
AGED ABOUT 66 YEARS, BUSINESS, OFFICE OF HAPPY
RESORTS, ATMAKURU VILLAGE, BESIDES NH-5,5, MANGALAGIRI
MANDAL, GUNTUR DISTRICT, JCJC MANGALAGIRI, RESIDING AT
DOOR NO.40-5/4-2/7,
2/7, TIKKLE ROAD, NEAR SHESHA SAI
KALYANA MANDAPAM, SYAM NAGAR COLONY, LABBIPET,
VIJAYAWADA URBAN, KRISHNA DISTRICT, ANDHRA PRADESH-
PRADESH
520010, JCJC VIJAYAWADA.
VIJAY PH. 9441163333
3. LINGA SAMBA MURTHY, S/O. LAKSHMAIAH HINDU AGED ABOUT
65 YEARS, BUSINESS, OFFICE OF HAPPY RESORTS, ATMAKURU
VILLAGE, BESIDES NHNH-5,
5, MANGALAGIRI MANDAL, GUNTUR
DISTRICT, JCJC MANGALAGIRI, PH. 8886163333
4. CHENNAMSETTY PRASADA RAO
RAO,, S/O. SUBBARAO, HINDU AGED
ABOUT 65 YEARS, BUSINESS, OFFICE OF HAPPY RESORTS,
ATMAKURU VILLAGE, BESIDES NH-5,
NH 5, MANGALAGIRI MANDAL,
GUNTUR DISTRICT, JCJC MANGALAGIRI, RESIDENT AT DOOR
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CMA_498_2019
No.45-13-9, DEVINENI NAGAR, GUNADALA, MACHAVARAM,
VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH-520004,
JCJC VIJAYAWADA PH. 9493523782
5. BETHAPUDI VENKATA RAO, S/O. MUSALAIAH, HINDU AGED
ABOUT 65 YEARS, BUSINESS, OFFICE OF HAPPY RESORTS,
ATMAKURU VILLAGE, BESIDES NH-5, MANGALAGIRI MANDAL,
GUNTUR DISTRICT, JCJC MANGALAGIRI,
6. CHALAPATI RAJA SEKHAR, S/O. LATE CHALAPATI HANUMANTHA
RAO, HINDU AGED 25 YEARS, RETD. AIRFORCE EMPLOYEE,
RESIDENT OF KOLAVENNU POST, KAMKIPADU MANDAL,
KRISHNA DISTRICT, JCJC, PH.7044662136
7. ALAMURI BHARATHI, W/O. ALAMURI PURNACHANDRA RAO,
HINDU AGED ABOUT 64 YEARS, HOUSE WIFE RESIDENT OF
DOOR NO.1-46-9/1, VANKAMAMIDIVARI STREET, NAZARPET,
TENALI, GUNTUR DISTRICT, ANDHRA PRADESH-522201 JCJC
TENALI PH. 9849546554
8. KOLLA VENKATESWARA RAO, S/O. RAMACHANDRA RAO, HINDU
AGED ABOUT 39 YEARS, BUSINESS, RESIDENT OF DOOR NO.59-
13-7, GHANTASALAVARI VEEDHI, OPP. SWARNANDHRA
CREATIONS, GAYATRI NAGAR, VIJAYAWADA TOWN,
VIJAYAWADA, KRISHNA DISTRICT, JCJC VIJAYAWADA
PH.9848775629
9. NEELAPU BABY SAROJINI, W/O. KONDAIAH, HINDU AGED ABOUT
60 YEARS, HOUSE WIFE RESIDENT OF DOOR NO.47-10-13/A,
PULLETI KATTA RAOD, BACK SIDE OF POST OFFICE,
GUNADALA, MACHAVARAM, VIJAYWADA, KRISHNA DISTRICT
JCJC VIJAYAWADA, PH.9849354710
10. NEELAPU NAGESWARA RAO, S/O. ANJANEYULU, HINDU AGED
ABOUT 70 YEARS, BUSINESS RESIDENT OF DOOR NO.47-7-41,
ESI HOSPITAL ROAD, BACK SIDE OF ZIM, MACHAVARAM POST,
GUNADALA, VIJAYAWADA-4, KRISHNA DISTRICT, JCJC
VIJAYAWADA PH.9704071045
11. DHARMENDRA JASHUBLIAI PATEL, S/O. JASHUBHAI PATEL,
MARVADI, AGED ABOUT 54 YEARS, BUSINESS, RESIDENT OF
DOOR NO.48-11/8-4/5B, 4TH FLOOR, SRI DURGA ARCADE,
3
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CMA_498_2019
TEMPLE STREET, CURRENCY NAGAR, VIJAYAWADA(URBAN),
KRISHNA DISTRICT-520008, JCJC VIJAYAWADA, PH. 9849082241
12. CHANDRESH VISHNUPRASAD DAVEY, S/O. VISHNU PRASAD A.
DAVEY, HINDU AGED ABOUT 56 YEARS, BUSINESS, RESIDENT
OF HIG-10, A.P.H.B. COLONY, BHAVANIPURAM, VIJAYAWADA
URBAN, KRISHNA DISTRICT, ANDHRA PRADESH-520012,
PH.9440175422, JCJC VIJAYAWADA.
13. MOGULURI VENKATA NAGESWARA RAO, S/O. SEETHA
RAMAIAH, HINDU AGED ABOUT 69 YEARS, BUSINESS, RESIDENT
OF DOOR NO.09-60-64, GANAPATHIRAO ROAD, 2ND FLOOR,
VIJAYAWADA-1, KRISHNA DISTRICT, JCJC VIJAYAWADA,
PH.9299409571
14. VUTUKURI KISHORE, S/O. LATE SEETHA RAMAIAH, HINDU AGED
ABOUT YEARS, BUSINESS, RESIDENT OF RAPUR ROAD, NEAR
KANYAKAPARAMESWARI TEMPLE, VETAPALEM, CHIRALA
MANDAL, PRAKASAM DISTRICT -523 187. PH.9866995115
15. NERELLA SAIRAM KRISHNA, S/O. NERELLA VENKATESWARA
RAO HINDU AGED ABOUT 23 YEARS, STUDENT, RESIDENT OF
DOOR NO.1-3/24-23/4G, ARAVIND STREET, SRI SURYA BUILDING,
VIDYADHARAPURAM, VIJAYAWADA URBAN, KAMAKOTI NAGAR,
KRISHNA DISTRICT-520012, JCJC VIJAYAWADA, PH.8121000446
16. YARRAGUNTA LAKSHMANA RAO, S/O. YARRAGUNTA
NARASIMHA RAO HINDU AGED ABOUT 51 YEARS, BUSINESS
RESIDENT OF DOOR NO.32-10-7, GUMMADIVARI STREET, NEAR
SIVALAYAM, MOGALRAJAPURAM, VENKATESWARAPURAM,
VIJAYAWADA URBAN, KRISHNA DISTRICT-520010, JCJC
VIJAYAWADA, PH.9666686726
17. RAYIDI DHANALAKSHMI, W/O. VEERABHADRA RAO HINDU AGED
ABOUT 52 YEARS, HOUSE WIFE RESIDENT OF DOOR NO.2-179/2,
PEDAVADLAPUDI VILLAGE, MANGALAGIRI MANDAL, GUNTUR
DISTRICT-523 302, JCJC MANGALAGIRI PH.9490188466
18. DODDA SUBBA REDDY, S/O. VENKATA REDDY, HINDU AGED
ABOUT 31 YEARS, PRIVATE EMPLOYEE, RESIDENT OF DOOR
NO.41-28/1-45, CHALASANI NAGAR, BAPANAIAH NAGAR ROAD,
RANIGARITHOTA, VIJAYAWADA URBAN, KRISHNA DISTRICT-
4
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520013, JCJC VIJAYAWADA, PH.7386611222
19. VANKAYALA SAMBA LAKSHMI, W/O. JANARDHANA RAO, HINDU
AGED ABOUT 69 YEARS, HOUSE WIFE, RESIDENT OF DOOR
NO.5-60-2/69, 3RD LANE, 4TH CROSS ROAD, ASHOK NAGAR,
GUNTUR, GUNTUR CITY, JCJC, GUNTUR, PH.9490471203
20. PARUCHURU KRISHNA KISHORE, S/O. NARASIMHA RAO, HINDU
AGED ABOUT 44 YEARS, BUSINESS, RESIDENT OF DOOR NO.18-
29-12, MANTRIVARI STREET, SANGADIGUNTA, GUNTUR-3,
GUNTUR DISTRICT, JCJC GUNTUR PH.9885639212
21. MAJETI KANAKA RAVIKUMAR, S/O. NAGESWARA BUSINESS,
RESIDENT OF FLAT NO.201, RADHAKRISNA TOWERS,
VIDYANGAR, CHANDRAMOULINAGAR, GUNTUR-7, GUNTUR
CITY, GUNTUR DISTRICT, JCJC GUNTUR, PH.9490471203
22. SHAIK SANAVULLAH, S/O. AMANULLA SHAIK MUSLIM, AGED
ABOUT 58 YEARS, BUSINESS RESIDENT OF DOOR NO.40-1-63,
OPP. BEJAWADA MOTORS, NEAR BENZ CIRCLE, VIJAYAWADA
TOWN, VIJAYAWADA, KRISHNA DISTRICT, JCJC VIJAYAWADA,
PH.9494574249
23. NAMBURI JHANSI RANI, W/O. RAMBABU, HINDU, AGED ABOUT 40
YEARS, HOUSE WIFE, RESIDENT OF FLAT NO.306, DREAM
HOMES APARTMENT, 1ST LANE, RAJENDRA NAGAR, GOTTIPATI
KALYANA MANDAPAM ROAD, GUNTUR-6, GUNTUR DISTRICT,
JCJC, GUNTUR, PH.9951474567
24. MALLAMPATI NIRANJAN, S/O. SUOBARAO, HINDU AGED ABOUT
52 YEARS, BUSINESS, RESIDENT OF DOOR NO.5- 180, A.P.S.P.
CAMPUS, T.B. SANITARIUM, MANGALAGIRI VILLAGE AND
MANDAL, GUNTUR DISTRICT, PH.9704843052.
25. RACHAMALLA SUHASINI, W/O. PADIGALA SRINIVASA RAO HINDU
AGED ABOUT 48 YEARS, EMPLOYEE, RESIDENT OF DOOR NO.3-
104/1, FF-1, RAJ TEJA RESIDENCY, RAJULA BAZAR,
RAMAVARAPADU, VIJAYAWADA RURAL, KRISHNA DISTRICT-
521108, JCJC VIJAYAWADA, PH.9848156280
26. VINUKONDA SUNDARAIAH, S/O. JAMES, CHRISTIAN, AGED
ABOUT 50 YEARS, EMPLOYEE, RESIDENT OF DOOR NO.2-94,
PATHAPADU, VIJAYAWADA RURAL, KRISHNA DISTRICT-521212 ,
5
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CMA_498_2019
JCJC VIJAYAWADA, PH.8897760315
27. DARSANAM MANIKYA FARENSE VIJAYA KUMARI, W/O.
SUNDARAIAH, CHRISTIAN RESIDENT OF DOOR NO.35-4- 20,
GIRIPURAM, LABBIPET, VIJAYAWADA-10, KRISHNA DISTRICT,
JCJC VIJAYAWADA, PH. 8897760315
28. VUPPALA RAMESH KUMAR, S/O. JWALA NARASIMHAMU HINDU
AGED ABOUT 58 YEARS, BUSINESS, RESIDENT OF DOOR NO.76-
8/4-9/4A1, POPURIVARI STREET, NEAR SIVALAYAMMCENTRE,
BHAVANIPURAM, VIDYADHARAPURAM, VIJAYAWADA URBAN,
KRISHNA DISTRICT - 520012, JCJC VIJAYAWADA. , PH.
9490513330
29. NAGOTHI SESHUBABU, S/O. VENKATA RAMA RAO, HINDU AGED
ABOUT 49 YEARS, BUSINESS, RESIDENT OF DOOR NO.9-19-8/1,
POTHINA APPANNA STREET, KOTHAPET, VIJAYAWADA-1,
KRISHNA DISTRICT JCJC VIJAYAWADA, PH.9290574316
30. VANIPENTA RAMULU, S/O. GURAVAIAH HINDU AGED 49 YEARS,
BUSINESS, RESIDENT OF DOOR NO.41-22/ 1-37, MALARIA CLINIC
ROAD, BHRAMARAMBAPURAM, KRISHNA LANKA, VIJAYAWADA
CITY, KRISHNA DISTRICT-520013, JCJC VIJAYAWADA,
PH.8500544399
31. VUPPALA SRINIVAS, S/O. JWALA NARASIMHAMU HINDU AGED
ABOUT 51 YEARS, BUSINESS, RESIDENT OF DOOR NO.76-8/ 2-10
/ 1, ANANTHA LAKSHMI NILAYAM, MANAVMANDIRAM ROAD,
SIVALAYAM CENTRE, BHAVANIPURAM, VIJAYAWADA--12,
KRISHNA DISTRICT, JCJC VIJAYAWADA , PH. 9666673103
32. VUPPALA RAJA SEKHAR, S/O. JWALA NARASIMHAM HINDU
AGED ABOUT 57 YEARS, BUSINESS, RESIDENT OF DOOR NO.76-
8/2-10/1, ANANTHA LAKSHMI NILAYAM, MANAV MANDIRAM
ROAD, SIVALAYAM CENTRE, BHAVANIPURAM, VIJAYAWADA-12,
KRISHNA DISTRICT, JCJC. VIJAYAWADA, PH. 9849581875
33. KOLUKULA JAYANTHI, D/O. HIMAGIRI RAO, HINDU AGED ABOUT
27 YEARS, HOUSE WIFE, RESIDENT OF PEDANA VILLAGE,
MACHILIPATNAM RURAL MANDAL, KRISHNA DISTRICT, JCJC.
MACHILIPATNAM, PH. 9885639212
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34. PERLA ARUNA, W/O. PERLA PULLA RAO, HINDU AGED ABOUT 48
YEARS, HOUSE WIFE, RESIDENT OF DOOR NO.2-3-542, ROAD
NO.2, SAINAGAR COLONY, NAGOLE, RANGA REDDY DISTRICT,
TELANGANA STATE-500068, JCJC NAGOLE, PH. 9666386286
35. YALLAPRAGADA VENKATA LAKSHMI NARASIMHA SARMA, , S/O.
UMA MAHESWARA RAO, HINDU AGED ABOUT 60 YEARS,
BUSINESS, RESIDENT OF ADAVULA DEEVI VILLAGE,
NIZAMPATNAM MANDAL, GUNTUR DISTRICT, JCJC., REPALLE,
PH.9299998695
36. CHALASANI GIRIJA KUMARI, W/O. BAPANEEDU, HINDU AGED
ABOUT 66 YEARS, HOUSE WIFE, RESIDENT OF DOOR NO.28-1-
68/1, 7TH ROAD, SANTHI NAGAR, ELURU TOWN-7, WEST
GODAVARI DISTRICT, PH. 9700347678
37. JANDHYALA VIJAYA KUMAR,, S/O. SUBRAHMANYAM, HINDU
AGED ABOUT 57 YEARS, BUSINESS, RESIDENT OF DOOR NO.23-
4-30, KAKARAPARTHIVARI STREET, SATYANARAYANAPURAM,
VIJAYAWADA URBAN, KRISHNA DISTRICT, JCJC VIJAYAWADA,
PH. 8415928927
38. EMANI KALYANI, , W/O. EMANI SAIRAM, HINDU AGED ABOUT 45
YEARS, HOUSE WIFE, RESIDENT OF DOOR NO.2- 190/2,
RAYANNAPALEM POST, KONDALARAOPALEM, PEDAVEGI
MANDALAM, WEST GODAVARI DISTRICT-534475 DCJC ELURU,
PH. 9441829609
39. PRABALA VENKATA SUBRAHMANYA SARMA, S/O. PRABHALA
GOPALAKRISHNA MURTHY, HINDU AGED ABOUT 69 YEARS,
RETIRED EMPLOYEE, RESIDENT OF DOOR NO.23-5/ 1-8 RAJA
VEEDHI, SATYANARAYAIIAPURAM, VIJAYAWADA-11, KRISHNA
DISTRICT, JCJC VIJAYAWADA PH.9440172358
40. RUSHI RAJ N DAVEY, S/O. NARESH S DAVEY, MARWADI, AGED
ABOUT 34 YEARS, BUSINESS, RESIDENT OF DOOR NO.40-5-8C,
TIKKIL ROAD, BEHIND HOTEL D V MANOR, KRISHNA NAGAR,
VIJAYAWADA URBAN, VIJAYAWADA-10, KRISHNA DISTRICT,
JCJC VIJAYAWADA, PH. 9848127180.
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41. NIKHIL KANAIYALAL GADHIYA, , S/O. KANAIYALAL MARWADI,
AGED ABOUT 45 YEARS, BUSINESS, RESIDENT OF 104,
VASTRALATHA, VIJAYAWADA-1, KRISHNA DISTRICT, JCJC
VIJAYAWADA, PH. 9393113241.
42. GUNDU VENKATA ANANTHA SESHAVATHRAM, HINDU AGED
ABOUT 25 YEARS, BUSINESS, RESIDENT OF JUPITER
ENGINEERING COMPANY, P.P. ROAD, BHIMAVARAM-534201,
WEST GODAVARI DISTRICT JCJC BHIMAVARAM, PH. 9989031636
43. BAYER S KERI, S/O. SATISH N. KIRI, MARWADI, AGED ABOUT 50
YEARS, BUSINESS, RESIDENT OF S-3, BALAJI APARTMENT, 3RD
CROSS, ASHOK NAGAR, GUNTUR-2, JCJC GUNTUR, PH.
9848127180
44. PANJALA SATISH CHANDRA, S/O. PANJALA SRINIVAS, HINDU
AGED ABOUT 50 YEARS, BUSINESS, RESIDENT OF DOOR NO.73-
2-2, LAKSHMI NARASIMHA HOMES, PATAMATA, VIJAYAWADA-10
TOWN, KRISHNA DISTRICT, JCJC VIJAYAWADA, PH. 9441829609
45. POKURI GOVARDHANA RAO, S/O LATE SUBBA RAO , HINDU,
AGED ABOUT 60 YEARS, BUSINESS, RESIDENT OF FF-1, 21-5-5,
VANAPALA VARI VEEDHI, MUTYALAMPADU POST,
SATYANARAYANAPURAM, MACHAVARAM MANDAL,
VIJAYAWADA, KRISHNA DISTRICT, JCJC VIJAYAWADA
PH.9848153417
46. BANKA APPARAO, S/O LATE OF BANKA GURUVULU, HINDU, AGE
ABOUT 54 YEARS, RESIDENT OF DOOR NO.40- 1-93, MODEL
SUPER BAZAR STREET, BENZ CIRCLE, KANNA NAGAR,
VENKATESWATAPURAM, VIJAYAWADA URBAN, VIJAYAWADA-
520010, KRISHNA DISTRICT. JCJC VIJAYAWADA, PH. 9963234529
47. SAGURUPILLI DURGARAO, S/O LATE SUGURUPALLI APPARAO,
HINDU, AGED ABOUT 46 YEARS, RESIDENT OF M.I.G-2, BLOCK
NO.10, FLAT NO.11, H B COLONY, BHAVANIPURAM, KAMAKOTI
NAGAR, VIJAYAWADA-12, KRISHNA DISTRICT. JCJC,
VIJAYAWADA,
48. CHITTURI VANI, W/O SURESH, HINDU, AGED ABOUT OF 46
YEARS,R/O D.NO.16/230-5A, SATYANARAYANA PURAM,
GUDIVADA TOWN,KRISHNA DISTRICT. VIJAYAWADA JCJC
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49. THALLURI SEKHAR, S/O VISHNU VARA PRASAD, HINDU, AGED
ABOUT 51 YEARS, RESIDENT OF DOOR NO.54-18-12, PLOT
NO.84, 4TH LINE, LIFE INSURANCE CORPORATION COLONY,
OPP. GOVERNMENT I.T.I., VIJAYAWADA URBAN, VIJAYAWADA-
520008 JCJC VIJAYAWADA
50. GUMMADI SHALINI, W/O SRINIVASA RAO, HINDU, AGED ABOUT
44 YEARS, RESIDENT OF DOOR NO.2-148, FOWFIN REAL
ESTATES, BHARGAVI NAGAR, RUSHIVATIKA, CHINA
AVUTAPALLE, GANNAVARAM MANDAL, KRISHNA DISTRICT-
521286 JCJC GANNAVARAM, PH. 9948791721
51. MOHAMMED SHOAIB, S/O. MOHAMMED ABDUL RAZAK, MUSLIM
AGED ABOUT 27 YEARS, RESIDENT OF DOOR NO.40-1-65, OPP.
EENADU, VENKATESWARAPURAM, PATAMATA, VIJAYAWADA
URBAN, KRISHNA DISTRICT-520010, JCJC VIJAYAWADA, PH.
9482550007
52. SHAIK NAYIMULLA, S/O. SHAIK KARIRNULLA, MUSLIM, AGED
ABOUT OF 24 YEARS, RESIDENT OF D.NO. 40-1-65, BEHIND
BATA SHOP, OPP EENADU, VIJAYAWADA-10 TOWN,KRISHNA
DISTRICT, VIJAYAWADA JCJC
...APPELLANT(S)
AND
1. PACHAVA SUBBA RATHANAM, W/O.VEMAIAH, HINDU AGED 55
YEARS, OCCU. HOUSE WIFE, R/O.D.NO.16-739, OLD TELEPHONE
EXCHANGE OFFICE, GUNTUR ROAD, PIDUGURALLA, GUNTUR
DISTRICT
2. PACHAVA SWARAJYA LAKSHMI, W/O.GULLAPALLI DINESH,
HINDU AGED 36 YEARS, OCCU. HOUSE WIFE, R/O.D.NO.16-739,
OLD TELEPHONE EXCHANGE OFFICE, GUNTUR ROAD,
PIDUGURALLA, GUNTUR DISTRICT
3. PACHAVA VEMAIAH, S/O VENKATAIAH HINDU AGED. 60 YEARS,
OCCU. REAL ESTATE BROKER, R/O.D.NO.16-739, OLD
TELEPHONE EXCHANGE OFFICE, GUNTUR ROAD,
PIDUGURALLA, GUNTUR DISTRICT.
9
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4. GULLAPALLI DINESH, S/O. SATYANARAYANA, HINDU AGED
ABOUT 40 YEARS, PRIVATE JOB, RESIDENT OF SAINATH
APARTMENT, MOGALRAJ PURAM, VIJAYAWADA, JCJC
VIJAYAWADA, PH. 9949296666
5. ATUKURI NAGESWARA RAO BABU, , S/O. VENKATA SUBBARAO,
HINDU AGED ABOUT 51 YEARS, BUSINESS, RESIDENT OF
GANDHI CHOWK, SATTENPALLI, GUNTUR DISTRICT, JCJC
SATTENAPALLI PH. 9848012220
6. VELICHETI MRUDULA PADMA SARAVANA, , W/O SURIBABU
HINDU AGED.56 YEARS, HOUSE WIFE R/ O.D.NO. 1-10-79, ASHOK
NAGAR, HYDERABAD.RANGAREDDY CITY CIVIL COURTS JCJC
7. SMT RALLAPALLI TIRUMALA SAILA SUTHA DIED, DIED
8. BOMMU RAJA REDDY, S/O. BANGARU REDDY, HINDU AGED
ABOUT 67 YEARS, CULTIVATION, RESIDENT OF PEERLA PANJA
CENTRE, ATMAKURU VILLAGE, MANGALAGIRI MANDAL,
GUNTUR DISTRICT, JCJC MANGALAGIRI, PH. NOT KNOWN
9. BOMMU SANJEEVA REDDY DIED, DIED
10. BOMMU SRINIVASA REDDY DIED, DIED
...RESPONDENT(S):
Counsel for the Appellant(S):
1. Mr.N.Srihari, learned counsel representing Mr.C.PANINI SOMAYAJI Counsel for the Respondent(S):
1. Ms.R.Jayasri, learned counsel representing Mr.VAJJHALA SATYANARAYANA PRASAD 10 NJS, J & GTK, J CMA_498_2019 The Court made the following judgment: (Per Hon'ble NJS, J) The present Civil Miscellaneous Appeal has been preferred against the order dated 24.06.2019 in I.A.No.859 of 2018 in O.S.No.255 of 2018 on the file of the Court of IV Additional District Judge, Guntur.
2. The appellants / plaintiffs filed the said suit against the respondents seeking a declaration that they are the absolute owners of the plaint "C"
schedule property and for consequential permanent injunction restraining the defendants, their men, agents etc., from interfering with the peaceful possession and enjoyment of the same along with the suit costs. They filed I.A.No.859 of 2018 under Order 39 Rules 1 & 2 and Section 151 of Code of Civil Procedure seeking temporary injunction, pending disposal of the suit.
3. The respondents / defendants 1 to 4 filed an elaborate counter and the respondent No.5 filed a separate counter.
4. In the I.A., the petitioners / plaintiffs got marked Exs.P1 to P82 and on behalf of the respondents Exs.R1 to R63 were marked. No oral evidence was adduced by both sides.
5. Be that as it may. The learned District Judge, after considering the matter with reference to the said documents and the legal precedents, recorded a finding that the petitioners failed to establish prima facie case and that balance of convenience for granting injunction is not in their favour or that they will suffer irreparable loss, if the same is not granted. Against the said order, the present Civil Miscellaneous Appeal came to be filed. 11
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6. As noted above, the suit was filed in the year 2018 and the learned Trial Court was not inclined to grant temporary injunction as sought for. The present appeal was filed in the year 2019 and the matter was adjourned from time to time for various reasons recorded in the docket proceedings. The fact remains that though vide I.A.No.2 of 2019, temporary injunction was sought for before this Court, the same is pending. In such circumstances, and more particularly as the suit is of the year 2018, this Court deems it appropriate to direct the disposal of the suit itself, instead of examining the order under challenge on merits.
7. Accordingly, the Civil Miscellaneous Appeal is disposed of, providing that the learned District Judge shall make endeavour to dispose of the main suit, in accordance with the Law, as expeditiously as possible preferably within a period of eight (8) months from the date of receipt of a copy of this order, on its own merits, without being influenced by any of the observations made / conclusions recorded in the order dated 24.06.2019. No order as to costs.
Consequently, all pending applications including I.A.No.1 of 2019 shall stand closed.
__________________________ JUSTICE NINALA JAYASURYA _____________________________ JUSTICE TUHIN KUMAR GEDELA BLV Dt. 03.09.2025 12 NJS, J & GTK, J CMA_498_2019 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA C.M.A.No: 498 of 2019 (Per Ninala Jayasurya, J) Date: 03.09.2025 BLV