Reserved on : 27.02.2026 Pronounced on : 11.03.2026 Uploaded on : 24.03.2026 APHC010380442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL REVISION PETITION No. 1842/2025 BETWEEN:

1. PRAMOD KUMAR AGARWALA @ ASHOK KUMAR AGARWALA, S/O.LATE NATHMALL AGARWALA, AGED 62 YEARS, R/O.AGARWAL BHAWAN, 4/428, VAISHALI, GHAZIABAD, UTTAPRADESH.

2. PAWAN KUMAR AGARWALA, S/PO.LATE NATHMALL AGANA/ALA, AGED 64 YEARS, R/O.AGARWAL BHAWAN, 4/428, VAISHALI, GHAZIABAD, UTTAPRADESH.

3. LADDU GOPAL AGARWALA @ PRIVIN AGARWALA,, S/O.LATE NATHMALL AGANARALA, AGED 59 YEARS, R/O.AGARWAL BHAWAN, 4/428, VAISHALI, GHAZIABAD, UTTAPRADESH.

4. SHRAWAN KUMAR AGARWALA, S/O.LATE NATHMALL AGANA/ALA, AGED 57 YEARS, R/O.AGARWAL BHAWAN, 4/428, VAISHALI, GHAZIABAD, UTTAPRADESH.

5. NAWRATAN AGARWALA @ SUNIL KUMAR AGARWALA, S/O.LATE NATHMALL AGARWALA, AGED 55 YEARS, R/O.AGARWAL BHAWAN, 4/428, VAISHALI, GHAZIABAD, UTTAPRADESH. (PETITIONERS 2 TO 5 ARE BEING REPRESENTED BY THEIR GPA HOLDERS OF 1ST PETITIONER)

...PETITIONER(S)

AND

1. RAJ KUMAR AGARWALA, S/o. LATE NATHMALLA GARWALA, AGED ABOUT 68 YEARS, R/O.69, CHOWRINGHEE ROAD, KOLKATA.

2. PARWATI DEVI AGARWALA, W/o.LATE SHYAM SUNDAR AGARWALA @ RADHASHYAM AGARWALA, AGED 72 YEARS, R/O. C/O. ANITA BAJA W/O.LAXMINARAYANA BAJAJ, FLAT NO.604 AND 704, SPANISH GARDENS, ZOO ROAD, FARUN NAGAR, GUWAHATI, ASSAM STATE.

3. SMT. ANITA BAJAJ, W/o.LAXMINARAYAN BABAJ, AGED 55 YEARS, R/O. C/O. ANITA BAJAJ W/O.LAXMINARAYANA BAJAJ, FLAT No.604 AND 704, SPANISH GARDENS, ZOO ROAD, FARUN NAGAR, GUWAHATI, ASSAM STATE.

4. SMT ANJU KANORIA, W/o. OM PRAKASH KANORIA, AGED ABOUT 50 YEARS, R/o. BOKARO STEEL CITY, PHASE-3, INDUSTRIAL AREA, OPP: SHOP FACTORY, BOKARO STEEL CITY, DHANBAD, JARKHAD.

...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 to aggrieved by the order passed in I.No.1241 of 2022 in O.S.Npo.17 of 2019 dated 19-06-2025 on the file of the Court of the Principal District Judge, Vizianagaram.

Counsel for the Petitioner(S):

1. M R S SRINIVAS Counsel for the Respondent(S):

1. CKR ASSOCIATES The Court made the following:

ORDER:

The petitioners are plaintiffs in the suit and respondents are defendants in the suit. The plaintiffs filed I.A. 1241 of 2022 which was dismissed. For the sake of convenience, in this order, the parties will be referred to, as per their array in this Civil Revision Petition.

2. The petitioners herein filed an application I.A. No. 1241 of 2022 in O.S. No. 17 of 2019 on the file of the Principal District Judge, Vizianagram, under Order Section 65(a) of the Indian Evidence Act r/w Sec.151 of CPC to receive the photo copy of the panchayat settlement deed dated 14.05.1995 executed by the petitioners and the respondents viz., Raj Kumar Agarwala and Shyam Sundar Agarwala (deceased) before the village elders as secondary evidence and mark the same on behalf of the petitioners as the respondents have failed to produce the panchayat settlement deed dated 14.05.1995, even after notice issued under Order XII Rule 8 of CPC, otherwise the petitioners will suffer irreparable loss and injury.

3. The averments that made in the affidavit filed in support of the interlocutory application are that a suit has been instituted by the petitioners against the respondents for specific performance directing the respondents herein to execute a regular sale deed in their names, in case the respondents fail to execute the sale deed within said period, the Court may execute the sale deed in their favour in respect of the plaint schedule property on the ground that the petitioners and the respondents constitute a joint family and they are the children of Nathmall Agarwala, who is the Kartha of Hindu Undivided Family, who also created a Trust in the name of M/s. Assam Property Trust fo