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2026:APHC:7479

APHC010483272025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3329]

(Special Original Jurisdiction)

THURSDAY,THE TWENTY NINETH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

CIVIL REVISION PETITION NO: 2380/2025

Between:

1. M ANDAVA TULASAMMA, , W/O, VENKATA RAO, AGED 60 YEARS

HINDU, LANDS, R/O. BASAVANNAPALEM VILLAGE, MADDIPADU

MANDAL, NOW, R/O. MANGAMURI ROAD, ONGOLE TOWN

...PETITIONER

AND

1. M ARAM KOTIREDDY, S/O KOTIREDDY, AGED ABOUT 55 YEARS

2. M ARAM SUNKI REDDY, S/O. KOTIREDDY, AGED ABOUT 57 YEARS

3. M ARAM VENKATA LAKSHMAMMA, W/O. LATE NAGIREDDY, AGED

ABOUT 55 YEARS

4. M ARAM ADI REDDY, S/O, LATE NAGIREDDY, AGED ABOUT 33

YEARS

5. M ARAM SIVA KOTIREDDY, S/O, LATE NAGIREDDY, AGED ABOUT

36 YEARS

6. M ARAM RAMANAMMA, S/O, LATE VENKATESWARA RREDDY,

AGED ABOUT 58 YEARS

7. M ARAM SIVA RAMIREDDY, S/O, LATE VENKATESWARA RREDDY,

AGED ABOUT 33 YEARS

8. E RUVAKOTA KOTESWARI, W/O KOTIREDDY, D/O

VENKATESWARA RREDDY, AGED ABOUT 36 YEARS

(OCCICULTIVATION, R/O, KOTHAPALEM VILLAGE, H/O. TALLURU

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2026:APHC:7479

VILLAGE AND MANDAL PRAKASAM DISTRICT - 523111)

...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 topleased to allow the revision petition by setting aside the order and

decretal order dated 09.05.2025 in I.A. No. 514 of 2024 in AS. No. 5 of 2024

on the file of the learned Senior Civil Judge's Court, Darsi, and to pass

Counsel for the Petitioner:

1. KISHORE BABU MANNE

Counsel for the Respondent(S):

1.

The Court made the following:

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2026:APHC:7479

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

CIVIL REVISION PETITION NO.2380 OF 2025

ORDER:-

The Civil Revision Petition is filed under Article 227 of the Constitution of

India aggrieved by the order dated 09.05.2025 passed in I.A.No.514 of 2025 in

A.S.No.5 of 2024 on the file of Hon’ble Senior Civil Judge’s Court, Darsi.

2. Pursuant to the orders of this Court, learned counsel for the petitioner

filed memo of proof of service, wherein, it is stated that notice is served on the

respondents, except respondent No.5 and 7. Notice issued against

respondent Nos. 5 and 7 is returned with an endorsement “refused”. It is

settled law that refusal of notice amounts to deemed service of notice. But

none appears for the other respondents.

3. The petitioner herein is the plaintiff and the respondents herein are the

defendants in the Suit. For the convenience of the court, the parties referred

herein are as arrayed at the suit.

4. The brief facts of the case are as follows:

4(i) The petitioner herein/ plaintiff is the absolute owner and possessor of

the agricultural land admeasuring to an extent of Ac.17.19 cents situated in

Kothapalem Village, Talluru Mandal, Prakasam District having acquired the

same through a partition among the family members. While so, in the year

2010, the plaintiff sold Ac.14.47 cents out of the land Ac.17.19 cents

belonging to the plaintiff.

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2026:APHC:7479

4(ii) The further case of the petitioner is that the defendants are the land

owners adjacent to the petitioner’s land. In the absence of the plaintiff, the

defendants encroached and grabbed Ac.2.72 cents of the petitioner’s land out

of Ac17.19 cents. Aggrieved by the said action of the defendants, the plaintiff

filed O.S.No.111 of 2015 on the file of Junior Civil Judge, Darsi seeking for

declaration and recovery of the possession. As the suit was filed for

declaration and recovery of the possession over an extent of Ac.2.72 cents of

land, the plaintiff filed documents relating to the Ac.2.72 cents only. No

documents were filed in respect of the land to an extent of Ac.14.47 cents.

The trial Court dismissed the suit with primarily ground/ opinion that, in a suit

for declaration of title and recovery of possession, the burden always lies on

the plaintiff, to make out and establish a clear case for granting such a

declaration, and the weakness, if any of the case se