APHC010394182024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

THURSDAY,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2122/2024 Between:

1. B HUPATI KRISHNA MURTHY (DIED),, A

2. B HUPATI PUSHPAVATHI (DIED), A

3. G ANTA VIJAKUMARI, W/O RAJABABU, AGED 55 YEARS, R/O D.NO.

3-131, RAMALAYAM VEEDHI, GOLLAPALEM, MALKIPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. (THE 3RD PETITIONER HEREIN ADDED AS PARTY TO THE SUIT VIDE L.A.NO.

667 OF 2019 IN O.S.NO.17 OF 2016, DATED 30/06/2022)

...PETITIONER(S)

AND

1. P ALLI SRINIVAS, S/o Narasimhamurthy, aged 45 years, R/o D.No. 4-

158, Magatapalli, Mamidikuduru Mandal, Dr.B.R.Ambedkar Konaseema District.

...RESPONDENT 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 toMemorandum of Civil Revision Petition against the order passed in l.A.No.722 of 2024 in A.S.No.32 of 2024, dated 13/08/2024 on the file of the Hon'ble Additional District Court, Amalapuram IA NO: 1 OF 2024 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 pleased to suspend the order passed in I.A.No.722 of 2024 in A.S.No.32 of

2024 on the file of the court of the Hon’ble IInd Additional District Judge, Amalapuram Counsel for the Petitioner(S):

1. PONNADA SREE VYAS Counsel for the Respondent:

1. V V N NARASIMHAM The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2122/2024

ORDER

The petitioner/plaintiff filed the present revision aggrieved by the orders dated 13.08.2024 passed in I.A.No.722 of 2024 in A.S.No.32 of 2024 on the file of the learned II Additional District Court, East Godavari district at Amalapuram.

2. Originally, O.S.No.17 of 2016 on the file of the learned Civil Judge (Senior Division), Razole, was filed by one Bhupathi Krishna Murthy and Bhupathi Pushpavathi, who are husband and wife, as plaintiffs Nos.1 and 2 respectively, against the respondent herein, seeking declaration of title of 1^st plaintiff in respect of the plaint schedule property by declaring the sale deed dated 03.11.2015 as null and void and for a consequential prohibitory permanent injunction. Plaintiffs 1 and 2 had no issues and fostered the respondent herein, who is the son of the daughter of the natural brother of 1^st plaintiff. The respondent used to assist the plaintiffs during their old age and during the mental illness of 1^st plaintiff. Taking advantage of the same, the respondent/defendant created a document styled as a sale deed in his favour in respect of the plaint schedule property without payment of any consideration. 1^st plaintiff acquired the suit property under two registered sale deeds dated 10.01.2000 and 2^nd plaintiff used to assist 1^st plaintiff in the management of the same. On coming to know about the creation of the said sale deed, the plaintiffs filed the above suit seeking the reliefs as prayed for.

3. During the pendency of the suit, 1^st plaintiff executed a registered sale deed dated 22.06.2017 in favour of the petitioner herein. Subsequently, both the plaintiffs died and, consequentially, the petitioner was brought on record as 3^rd plaintiff in the suit, being entitled to prosecute the suit and claim the reliefs. After full-fledged trial, the suit was decreed on 18.06.2024 declaring title over the plaint schedule property and granting consequential permanent injunction against the defendant, as prayed for.

4. Aggrieved by the said judgment and decree dated 18.06.2024, the respondent herein filed A.S.No.32 of 2024 on the file of the learned II Additional District Court, East Godavari district at Amalapuram. Along with the appeal, the respondent filed I.A.No.722 of 2024 under Order XLI Rule 5 CPC seeking stay of execution of the decree dated 18.06.2024 passed in O.S.No