APHC010063382023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NO: 317/2023 Between:

1. BOLLINKALA APPANNA, S/O LATE RAJANNA, AGED 50 YEARS, OCC. CULTIVATION, R/O YERUSUPETA VILLAGE, HAMLET OF GUDIVADA PANCHAYAT, BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT.

...PETITIONER AND

1. YERSUSU KRISHNA DASU, S/O LATE THOTAYYA, AGED ABOUT 53 YEARS, OCC. COOLIE, R/O YERUSUPETA VILLAGE, HAMLET OF GUDIVADA PANCHAYAT, BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT.

2. YERUSU CHITTAMMA, W/O KRISHNA DASU, AGED ABOUT 48 YEARS, OCC. COOLIE, YERUSUPETA VILLAGE, HAMLET OF GUDIVADA PANCHAYAT, BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT.

...RESPONDENT(S):

Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased to set aside the Order dt. 27.09.2022 in I.A.No. 835/2019 in O.S.No.451/2017 on the file of the Principal junior Civil Judge-cum-Judicial Magistrate of First Class, Vizianagaramand pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of the certified copies of the Order in I.A.No. 835/2019 in O.S.No.451/2017 on the file of the Hon'ble Principal Junior Civil Judge, Vizianagaram, and to pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in O.S.No.451 of 2017 on the file of the Principal junior Civil Judge-cum¬Judicial Magistrate of First Class, Vizianagaramand pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying 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 orders granted in I.A.No.2/2023 vide orders dated 13.02.2023 pending disposal of the CRP.N0.317 of 2023 and pass Counsel for the Petitioner:

1. G SAI NARAYANA RAO Counsel for the Respondent(S):

1. BONU RAMA SHANKAR RAO RESERVED ON 10.02.2026 PRONOUNCED ON 26.02.2026 UPLOADED ON 02.03.2026 ORDER This Civil Revision Petition is filed challenging the legality and correctness of the order dated 27.09.2022 passed in I.A.No.835 of 2019 in O.S.No.451 of 2017 by the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Vizianagaram.

2. The Revision Petitioner is the petitioner/plaintiff, while respondents are respondents/defendants in I.A.No.835 of 2019 in O.S.No.451 of 2017 on the file of the Court of the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Vizianagaram.

3. The facts that led to filing of this Civil Revision Petition, in brief, are that:

(i) The petitioner filed the suit vide O.S.No.451 of 2017 for permanent injunction restraining the defendants from ever interfering with his peaceful possession and enjoyment of the plaint schedule property. After three years from the date of filing of the suit and after the interim order of injunction was made absolute, the petitioner filed I.A.No.835 of 2019 for amendment of three out of four boundaries of the plaint schedule property stating that due to illiteracy and innocence he could not furnish correct boundaries at the time of drafting plaint and a few days prior to filing of the petition, his Advocate came to the plaint schedule property and found that boundaries of plaint schedule properties were wrongly mentioned and hence it is very much essential to substitute the wrong boundaries with correct ones, else, much and irreparable loss and hardship would be caused.

(ii) The respondents resisted the claim made by the petitioner by filing counter, inter alia contending that as the petitioner, though an illiterate, ha