APHC010397312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

FRIDAY,THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2152/2024 Between:

1. S RI GALI BANGARAYYA,, S/O. LATE BRAHMANANDAM, AGED 46 YEARS, HINDU, MALE, BUSINESS, R/O. SHANTI NAGAR, NIDADAVOLE, W.G.DL, K.S.C.J.C ...PETITIONER AND

1. S MT MAGAPU VENKATA RAMANA, W/O. KRISHNA MURTHY, AGED

40 YEARS, HINDU, FEMALE, HOUSEWIFE, R/O. SHANTI NAGAR, NIDADAVOLE, NIDADAVOLE W.G.DT., K.S.C.J.C.

2. S MT GALI NAGAMANI, W/O. LATE BRAHMANANDAM, AGED 44 YEARS, HINDU, FEMALE, HOUSEWIFE, R/O. SHANTI NAGAR, NIDADAVOLE, W.G.DT.. K.S.C.J.C

3. S MT MANNEANANTHALAKSHMI, W/O. SURYA CHANDRA RAO, AGED 50 YEARS, HINDU, FEMALE, HOUSEWIFE, R/O. CHAGALLU, CHAGALLU MANDAL, W.G.DT., KS.C.J.C.

...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 toAggrieved by the order and decree of the Principal Senior Civil Judge, West Godavari District in Order date 27.07.2024 in IANo.612 of 2019 Kowur, in O.S. 232 of 2008. The above-named petitioners present this memorandum of civil revision petition on the following among others 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 may be pleased to stay all further proceedings in O.S.232 of 2008 on the file of the Principal Senior Civil Judge at Kowur during the pendency of the present Civil Revision Petition and 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 grant extension of the Interim Order dated 27.09.2024, 21 .02.2025 in CRP.No. 2152 of 2024 which was being extended from time to time by this Hon'ble Court in the interest of justice and to pass Counsel for the Petitioner: 1. G V S KISHORE KUMAR Counsel for the Respondent(S):

1. PARIMI RAMA RAYUDU 2. SURYA TEJA ANUMOLU The Court made the following:

ORDER:

This Civil Revision Petition is filed under Article 227 of the Constitution of India by the petitioner/3^rd defendant seeking to set-aside the condition that the petitioner/3^rd defendant shall produce contemporaneous signatures of late Gali Brahmanandam who is the executant of the Will dated 27.07.2000, in the order dated 27.07.2024 passed in I.A.No.612 of 2019 in O.S.No.232 of 2008 on the file of Court of the Principal Civil Judge (Senior Division), at Kovvur, West Godavari District.

2. Brief facts of the case are as under:

(a) The 1^st defendant is the wife of one Gali Brahmanandam and plaintiff, defendant Nos.2 and 3 are their children. The said Gali Brahmanandam purchased the plaint schedule property from one Chekuri Venkata Narasa Jagannadha Raju and one Someswara Surya Prabhakara Raju, under two separate sale deeds dated 09.09.1989 and 18.10.1989. Ever since, the said Gali Brahmanandam took over possession of the same and established a hotel in the name and style of „Dhanalakshmi Hotel‟. After the death of Gali Brahmanandam on 01.08.2000, the 3^rd defendant took over the management of the plaint schedule property and has been running hotel business. The case of the plaintiff is that after the death of Gali Brahmanandam, the 3^rd defendant, in collusion with other defendants started acting against the interest of the plaintiff and has been misappropriating the income arising out of the plaint schedule property. Thus, the plaintiff filed O.S.No.232 of 2008 before the Court below with a request to grant a decree partitioning the plaint schedule property into four equal shares and to allot one such share to the plaintiff.

(b) The said suit was contested by the defendants and it is the case of the 3^rd defendant that late Gali Brahmanandam executed a Will dated 27.07.2000 i