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HC,J CRP No.29222 o0f2 260:A23P HC:29451

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APHC010392322023 IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3332]

(Special Original Jurisdiction)

PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

CIVIL REVISION PETITION NO: 2922/2023 Between:

1. BONAM SRINIVASA RAO, S/O APPALAKONDA, HINDU, AGED 53 YEARS, R/O 14-6-10, NEAR ST. ANTHONY SCHOOL,ANTHONY

NAGAR, VISAKHAPATNAM ...PETITIONER

AND

1. BONAM CHANDRA SEKHAR, S/O APPALAKONDA, HINDU, AGED 57 YEARS, SENIOR ASST., PRIMARY HEALTH CENTRE, RAMBILLI,

ANAKAPALLI DISTRICT

2. GARAVANI, W/O BONAM CHANDRA SEKHAR HINDU, AGED 38 YEARS, WORKING AS SENIOR ASST., O/O SUPERINTENDENT,

K.G.HOSPITAL VISAKHAPATNAM-530002 ...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 orders in I.A.No .834/ 2018 in I.A.No.651/2018 in

O.S.No.253/2018 on the file of 1st Addl. Senior Civil Judge at Visakhapatnam IA NO: 1 OF 2023

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 I.A.No.834/2018 in I.A.No.651/2018 in O.S. No. 253/2018 of the 1st Additional Senior Civil Judge

at Visakhapatnam, pending disposal of the CRP in the interest of Justice.

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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 to Extend the interim order dt. 19.12.2023 in lA NO 1 OF 2023 IN CRP No.

2922 OF 2023 and pass Counsel for the Petitioner:

1. DHANA RAJU GUNTU Counsel for the Respondent(S):

1. RAYAPROLU SRIKANTH The Court made the following:

RESERVED ON 24.02.2026 PRONOUNCED ON 31.03.2026 UPLOADED ON 02.04.2026

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ORDER

This Civil Revision Petition is filed challenging the legality and

correctness of the order dated 19.,09.2022 passed in I.A.No.834 of 2018 in I.A.No.651 of 2018 in O.S.No. 253 of 2018 by the learned Additional Senior

Civil Judge, Visakhapatnam.

2. The Revision Petitioner is the petitioner/ plaintiff, while respondents

are the respondents/ respondents/defendants in I.A.No.834 of 2018 in I.A.No.651 of 2018 in O.S.No. 253 of 2018 on the file of the court of the

learned Additional Senior Civil Judge, Visakhapatnam.

3. The facts that led to filing of this Civil Revision Petition, in brief, are

that:

(i) In the suit filed by the plaintiff for cancellation of the gift deed

dated 14.05.2009 on the ground that the same has been obtained by the defendant fraudulently, he filed the petition vide I.A.No.651 of 2018 under order-1, Rule-10 CPC contending that the defendant transferred the property covered under the gift deed sought to be cancelled in favour of his wife by executing gift deed dated 20.11.2017 and as of now since the property stands in the name of second respondent, she is a necessary and proper party to the suit. The respondents resisted the claim made by the petitioner by filing

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counter stating that respondent no.2 is neither a necessary nor a proper party

to the suit and no relilef whatsoever is claimed against her.

(ii) The learned trial Judge, upon hearing the counsel for the parties,

dismissed the petition, observing that presence of the petitioner is not

required to adjudicate the issue involved in the suit.

(iii) The said dismissal order is assailed in this civil revision petition.

4. Heard Sri Guntu Dhanaraju, learned counsel for the petitioner, and

Sri Rayaprolu Srikanth learned counsel for respondents.

5. Sri Guntu Dhanaraju, learned counsel for the petitioner, while

reiterating the contents of the affidavit filed in support of the petition and the grounds of revision would contend that since the property as of now stand in the name of the proposed defendant, she is a proper and necessa