APHC010038402025 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: 308/2025 Between:

1. EEPINAGNDIA ANJANEYULU, (DIED),, REPRESENTED BY HIS LEGAL HEIRS

2. EEPINAGANDIA GALEMMA, , W/O. LATE. ANJANEYULU, AGE 64 YEARS

3. EEPINAGANDIA RAMANJANEYULU,, S/O. LATE.ANJANEYULU, AGE 41 YEARS, 4. EEPINAGANDIA NAGESWARARAO,, S/O. LATE. ANJANEYULU, AGE 39 YEARS, 5. EEPINAGANDIA VEERAIAH,, S/O. LATE. ANJANEYULU, AGE 34 YEARS

6. DEVARAPU RAMANA,, W/O. VENKATESWARLU, D/O. LATE.

ANJANEYULU, AGE 43 YEARS, OCC HOUSE WIFE, R/O. SEETHAMMA NAGAR, VINUKONDA TOWN AND MANDAL, PALNADU DISTRICT.

7. GUNTANALA HANUMAYAMMA,, W/O. VENKATANARAYANA, D/O.

LATE. ANJANEYULU, AGE 42 YEARS, R/O. NADIGADDA VILLAGE, VINUKONDA MANDAL, PALNADU DISTRICT.

8. EEPINAGANDIA SUSEELA,, W/O. LATE.HANUMANTHA RAO, D/O.

LATE. ANJANEYULU, AGE 47 YEARS, 9. EEPINAGANDIA SUBBARAO,, S/O. LATE. HANUMANTHA RAO, AGE 25 YEARS, 10. E EPINAGANDIA NAGARJUNA,, S/O. LATE.HANUMANTHA RAO, AGE 24 YEARS, 11. E EPINAGANDIA SRAVANI,, W/O. SRINIVASARAO, D/O.

HANUMANTHA RAO, AGE 23 YEARS (PETITIONERS 1 TO 4, 8 TO 11 ARE RESIDING AT PATHA UPPALAPADU VILLAGE NUZENDIA MADAL, PALNADU DISTRICT.)

...PETITIONER(S)

AND

1. T HATHA NAGESWARARAO, S/o. Rangaiah, Age 79 years, Occ Business, R/o. D.No. 76-8/6-19/5, Gudivada Ramarao Street, Bhavanipuram, Vijayawada ...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 topleased to set aside the orders passed in I.A No. 921/2016 in O.S 42 of 2015, dt 07-02- 2017, on the file of the Additional Senior Civil Judge, Narasaraopet Guntur District, GunturA.P 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 pleased to dispense with the certified copy of the order passed in I.A.No. 921 of 2016 in O.S.No. 42 of 2015 , dt: 07-02- 2017 on the file of the Senior Civil Judge, Narasaraopet, IA NO: 2 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 pleased to stay of all further proceedings in O.S.No. 42 of 2015 on the file of the Senior Civil Judge, Narasaraopet, till decide this Civil Revision Petition Counsel for the Petitioner(S):

1. CHAKRAVARTHY P V S K Counsel for the Respondent:

1. G V S MEHAR KUMAR 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 Additional Senior Civil Judge, Narasaraopet, dated 07.02.2017 in I.A.No.921 of 2016 in O.S.No.42 of 2015, whereby, the Court below allowed the application filed by the respondent/defendant under Order XIII Rule 3 and under Section 151 of the Code of Civil Procedure (for short ‗CPC‘) to reject the agreement of sale dated 26.02.2011 (Ex.A1) as inadmissible in evidence.

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. The suit schedule property devolved upon the defendant after the demise of his father and he leased the same in favour of 1^st plaintiff in the year 2002. Ever since, the 1^st plaintiff has been in possession and enjoyment of the same as lessee. While so, in the year 2011, the defendant put the suit schedule property for sale and pursuant to the same, the 1^st plaintiff has shown interest in buying the said property. As such, on 26.02.2011, upon receipt of Rs.1,20,000/- towards earnest money, the defendant executed an agreement of sale, which is marked as Ex.A1. Thereafter, in spite of strenuous efforts by the 1^st plaintiff, as the defendant did not come forward to perform his part of con