Thota Chandrakala vs Borra Hanumantha Rao - 2025 Supreme(Online)(AP) 8420

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2025 Supreme(Online)(AP) 8420

HIGH COURT OF ANDHRA PRADESH
T.C.D.Sekhar, J
Thota Chandrakala – Appellant
Versus
Borra Hanumantha Rao – Respondent
Interim Application | IA No.1 of 2025 in CRP No: 3186 of 2023

Important Points

An interim order can be extended based on justifiable reasons, preserving parties' rights pending a final resolution.

Subject

Civil Law - Interim Orders

Act Referred

Civil Procedure Code: S.151

Headnote

(A) Civil Procedure Code - Section 151 - Application for extension of interim order - The petitioners sought to extend an interim order pending the disposal of a revision petition - The High Court considered the circumstances and allowed the extension of the interim order. (Paras 5-8)

(B) Interim Relief - The court stated that it could extend interim relief if satisfied with the reasons provided in the application - The application was properly substantiated and warranted the court's intervention in preserving the rights of the parties involved. (Paras 4-6)

Facts of the case:
The petitioners, comprising family members, sought an extension of the interim order granted previously in a civil revision petition case - The nature of the underlying case concerned ownership disputes of property.

Findings of Court:
The High Court allowed the petition for extending the interim order until the next hearing date, reinforcing the principles of justice.

Issues: The issue before the court involved whether an interim order could be extended in light of the reasons stated in the petition.

Ratio Decidendi: The court held that an interim order may be extended when justifiable reasons are provided, ensuring the preservation of the rights involved in the case pending final determination.

Result: Application is allowed.

Advocates:
For the Appellants/Petitioners: Sri Naga Praveen Vankayalapati
For the Respondents:

Table of Content
1. petitioners are seeking an extension of an interim order. (Para 2 , 3)

lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl WEDNESDAY ,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT:

THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR IA No.1 OF2025 lN CRP NO: 3186 OF 2023 EEi Between :

1. Thota Chandrakala, w/o.Late Srinivasa Rao, Aged about 48 years, Occ-Household, R/o.Ongole Town qnd MandaI, Prakasam District.

2. Thota Venkata Pavan Kumar, S/o. Late Srinivasarao, Aged about 33 years, Occ- Business, R/o.Ongole Town and MandaI, Prakasam District.

3. Thota Venkata Sai Kumar, S/o.Late Srinivasarao, Aged about 31 years, Occ-Business, R/o.Ongole Town and MandaI, Prakasam District.

Petitioners 6 to 8 /Defendant Mos 6 to 8 AND

1. Borra Hanumantha Rao, S/o.Chandraiah, Aged about 60 years, Hindu, Occ- Coolies, R/o.Mujavaripalem, Addanki Town and Mandal, Prakasam District now in Bapatla District.

2. Borra Anji Babu, S/o.Chandraiah, Aged about 52 years, Hindu, Occ-

Coolies, R/o.Mujavaripalem, Addanki Town and Mandal, Prakasam DI-Strict now in Bapatla District.

3. Vengalasetty Nageswararao (Exparty), S/a.Kotaiah, Aged about 64 years, Hindu, Occ- Coolies, R/o.Mujavaripalem, Addanki Town and Mandal, Prakasam District now in Bapatla District.

4. Vengalasetty AnJ'aneyulu (Exparty), S/o.Kotaiah, Aged about 62 years, Hindu, Occ- Coolies, R'/o.Mujavaripalem, Addanki Town and Mandal, Prakasam District now in Bapatla District.

5. Vengalasetty Subrahmanyani (Died Exparty), 6. Vengalasetty Gangadhara Rao (Exparty), S/o.Kotaiah, Aged about 57 years, Hindu, Occ-Coolies, R/o.Bandla Bazaar, Near- llla Bazaar of -

Narasaraopeta Town and MahdaI, Bapatla DI'StriCt.

7. Vengalasetty Anjamma (Died) (Exparty), 8. Vengalasetty Kaja Valleswararao, S/o.Singaiah, Aged about 52 years, Hindu, Occ- Coolies, R/o.Mujavaripalem, Addanki Town and MandaI, Prakasam District Now in Bapatla District.

9. Vengalasetty Mahalakshamma (Exparty), W/o.Narasimham, Aged about 84 years, Hindu, Occ-Coolies, R/o.Mujavaripalem, Addanki Town and MandaI, Prakasam District Now in Bapatla District.

Respondents/Defendants

10. Murari Anjaneyulu, S/a.Late Subba Rao, Aged about 60 years, Hindu, Occ-Cultivation, R/o.Mujavaripalem, Addanki Town and MandaI, Prakasam District.

1-®1. Murari -Nagaraju, S/o.Late subba Rao, Aged about 50 years, Hindu, Occ-Cultivation, R/o.Mujavaripalem, Addanki Town and Mandal, Prakasam District.

12. Thota Srinivasa Rao (Died), 13. Vengalasetty Bhulakshmi, W/o.Late Pullaiah, Aged about 69 years, Hindu, Occ- Cultivation, R/o.Mujavaripalem, Addanki Town and MandaI, Prakasam District

14. Vengalasetty Naga Lakshmi, D/o.Late Pullaiah, Aged about 48 years,_ Hindu, Occ- Cultivatic)n, R/o.Mujavaripalem, Addanki Town and Mandal, Prakasam District.

Respondents 1 to 5/Petitioners 1 to 5 lil _~l...i_... a=ap r petition under section 151 CPC prayI'ng that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to extend the Interim order dated 13.12.2023 passed in c.R.P.No.3186 of 2023 in the interests of justice, pending disposal of CRP No. 3186 of2023, on the file of the High Court.

The petition coming on for hearing, upon perusing the petition and the affidavit filed I-n support thereof and the order of the High Court dated 13.12.2023 passed in c.R.P.No.3186 of 2023 and upon hearing the arguments of SRI NAGA PRAVEEN VANKAYALAPATI Advocate for the Petitioner, the court made the followI'ng ORDER £Having perused the averments made in support of the application, havI-ng Satisfied With the reasons mentioned therein, the application is allowed.

Interim order granted earlier is extended till the next date of hearing." a /-'