APHC010113262024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

THURSDAY,THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 493/2024 Between:

1. K ANTAMANI VAMSI KRISHNA CHOWDARY, S/O SATYANARAYANA CHOWDARY, AGED 41 YEARS, R/O. S.NO. 143, - TRENDSET WINDS, D-BLOCK, PLOT NO. 304, NANAKARAMA GUDA, HYDERABAD.

2. D R. KANTAMANI KEERTI,, W/O VAMSI KRISHNA CHOWDARY, AGED 37 YEARS, R/O. S.NO. 143, TRENDSET WINDS, D-BLOCK, PLOT NO. 304, NANAKARAMA GUDA, HYDERABAD.

3. K ANTAMANI ANASUYA,, W/O VENKATARATNAM, AGED 89 YEARS, R/O. D.NO. 34-1-8, TANAKU, TANAKUMANDAL, WEST GODAVARI DISTRICT.

...PETITIONER(S)

AND

1. P EMMANABOYINA RAJENDRA PRASAD, S/o Krishna, aged 58 years, R/o. D.No. 1-12-31/1, Military Road, Kondayyapalem, Kakinada, Kakinda, JCJC.

...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 toAggrieved by the order dt. 02.02.2024 passed in I.A. No. 324 of 2021 in O.S. No. 116 of 2016 on the file of court of 1 st Additional Senior Civil Judge, Kakinada, the above named petitioner begs to present this memorandum of civil revision petition for the following among other 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 grant stay of further proceedings in O.S. No. 116 of 2016 on the file of court of I Additional Senior Civil Judge, Kakinada pending disposal of the above 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 extend the Interim Order granted on 24.04.2024 and extended on 26.06.2024 and further extended on 17.09.2024 until next date of hearing pending determination of the present CRP No. 493 of 2024 and pass Counsel for the Petitioner(S):

1. PATANJALI PAMIDIGHANTAM Counsel for the Respondent:

1. YASWANTH GADE The Court made the following:

ORDER:

This Civil Revision Petition is filed under Article 227 of the Constitution of India by the petitioners/plaintiffs challenging the order passed by the learned I Additional Senior Civil Judge, Kakinada, dated 02.02.2024 in I.A.No.324 of 2021 in O.S.No.116 of 2016, whereby, the Court below dismissed the application filed by the petitioners/plaintiffs under Order XXVI Rule 9 of the Code of Civil Procedure (for short „CPC‟) to appoint an advocate commissioner to localize the properties, survey numbers and measure the properties of petitioners/plaintiffs and respondent/defendant with the assistance of the mandal surveyor.

2. Brief facts of the case are as under:

(a) For the sake of convenience, the parties will be referred to as they are arrayed in the suit. All the plaintiffs purchased different extents of lands as mentioned in the suit schedule amounting to a total extent of 1597 square yards. As on the date of purchase, the defendant is in possession of a land to an extent of 160 square yards out of the total extent of land by running a sweets stall and promised the plaintiffs that he would vacate the schedule property as and when required. Accordingly, the plaintiffs permitted the defendant to run the sweets stall.

(b) While the matter stood thus, when the plaintiffs directed the defendant to vacate the plaint schedule property and to deliver vacant possession of the same, the defendant has been postponing the same on one pretext or the other. As such, the plaintiffs filed O.S.No.116 of 2016 before the Court below seeking a decree against the defendant for recovery of the plaint schedule property and to grant permanent injunction restraining the defendant from interfering with the plaint schedule property. The said suit was contested by the defendant by filing a w