APHC010334202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 1784/2025 Between:

1. S WARNA RAMA RAO, , S/O.VENKATESWARLU, AGED 54 YEARS, HINDU, OCC CULTIVATION, R/O.D.NO.6-142, SWARNA VILLAGE, KARAMCHEDU MANDAL, PRAKASAM DISTRICT.

...PETITIONER AND

1. S WARNA KOTESWARA RAO, S/O.ANKAMMA, AGED 51 YEARS, HINDU, OCC CULTIVATION, R/O.D.NO.6-142, SWARNA VILLAGE, KARAMCHEDU MANDAL, PRAKASAM DISTRICT.

2. S WARNA SRINIVASA RAO, S/O.ANKAMMA, AGED ABOUT 48 YEARS, HINDU, OCC CULTIVATION, R/O.D.NO.6-142, SWARNA VILLAGE, KARAMCHEDU MANDAL, PRAKASAM DISTRICT.

3. S WARNA ANKAMMA, (DIED), 4. S WARNA NAGESWARARAO, , S/O.ANKAMMA, AGED 44 YEARS, HINDU, OCC CULTIVATION, R/O.D.NO.6-142, SWARNA VILLAGE, KARAMCHEDU MANDAL, PRAKASAM DISTRICT.

5. S WARNA SUBRAHMANYAM, S/O.RAMA RAO, AGED 30 YEARS, HINDU, WORKING AS T.C. IN RAILWAY DEPARTMENT, R/O.D.NO.6-142, SWARNA VILLAGE, KARAMCHEDU MANDAL, PRAKASAM 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 toPetition is being preferred aggrieved by the order dated 03.04.2025 passed in I.A.No.836 of 2024 in O.S.No.12 of 2017 on the file of the court of Learned Junior Civil Judge, Parchur, Prakasam District, as illegal, without jurisdiction 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 grant stay of all further proceedings in O.S.No.l2 of 2017 on the file of the Court of Learned Junior Civil Judge, Parchur, Prakasam District, pending disposal of the main C.R.P and pass such Counsel for the Petitioner:

1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S):

1.

The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 1784/2025 ORDER:-

The Civil Revision Petition is filed under Article 227 of the Constitution of India aggrieved by the order dated 03.04.2025 passed in I.A.No.836 of 2024 in O.S.No.12 of 2017 on the file of the court of the Junior Civil Judge, Parchur, Prakasam District.

2. The petitioner herein is defendant No.3 and the respondent Nos.1 and 2 herein are plaintiffs and respondent Nos.3 to 5 are defendant Nos.1, 2 and 4 in the suit. For convenience of the Court, the parties are referred as arrayed before the Trial Court.

3. Heard the learned counsel for the petitioner. Even though notices were served, none appeared for the respondents.

4. The brief facts of the case of the petitioner herein is that the plaintiffs instituted a suit for partition of suit schedule properties with false allegations and originally item No.2 of the suit schedule property in an extent of Ac.0.35 cents was purchased by the petitioner herein/defendant No.3 from defendant No.1 under agreement of sale dated 10.10.2016 and the said document is to be marked on his behalf and the said document was improperly stamped, as such stamp duty and penalty has to be paid on the said document. The petitioner further submits that the District Registrar, Department of Stamps & Registration Government of Andhra Pradesh, Bapatla is competent authority to impound the document to prove his contention and the said document is critical piece of evidence and the same has to be exhibited on his behalf. Hence, the petitioner/3^rd defendant filed I.A.No.836 of 2024 praying to send the agreement of sale dated 10.10.2016 to District Registrar, Bapatla for impounding and for collection of stamp duty penalty.

5. Learned counsel for the petitioner submits that the petitioner purchased part of property vide an agreement of sale with possession dated 10.10.2016, since then he has been in possession and enjoyment of the subject property. Plaintiff filed a suit for pa