APHC010191102023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NO: 1083/2023 Between:

1. CHALLA VENKATA SATYA ARAVIND,, S/O SRI HARINARAYANA, HINDU, AGE- 52 YEARS, OCC- BUSINESS, R/O PLOT NO. 52, IRON YARD, BHAVANIPURAM, VIJAYAWADA - 520 012

2. ALAPATI SRINIVASA RAO,, S/O LATE SRI SUBBA RAO, HINDU, AGE- 55 YEARS, OCC- SERVICE, R/O DOOR NO. 76-18-3D/2 BHAVANIPURAM, VIJAYAWADA - 520 012

3. PAMULAPATI VENKATESWARLU,, S/O SRI SUBBA RAJU, HINDU, AGE- 58 YEARS, OCC- SEVICE, R/O DOOR NO. 7-12-10, APPALASWAMY STREET, MOHANTHY PURAM, VIJAYAWADA - 520

001

4. DHANRAJ SANGHVI,, S/O SRI DALICHAND, HINDU, AGE- 68 YEARS, OCC- BUSINESS, R/O D.NO. 10-19-46V, BRAHMIN STREET, KOTHAPET, VIJAYAWADA - 520 001

5. ASHISH SANGHVI,, S/O SRI DHANRAJ, HINDU, AGE- 43 YEARS, OCC- BUSINESS, R/O D.NO. 10-19-46V, BRAHMIN STREET, KOTHAPET, VIJAYAWADA - 520 001

6. KAVITHA SANGHVI,, W/O SRI ASHISH SANGHVI, HINDU, AGE- 41 YEARS, OCC- BUSINESS, R/O D.NO. 10-19-46V, BRAHMIN STREET, KOTHAPET, VIJAYAWADA - 520 001 ...PETITIONER(S)

AND

1. NUNE SRINIVASA REDDY, S/O LATE SRI PARVATHA REDDY, R/O H.NO. 220, STREET NO. 800, VTS AREA, APKU, KURNOOL - 518

003

2. YAMARTHI RAVI KIRAN, S/O SRI LAKSHMI KANTHA RAO, R/O D.NO. 1-3-28/10, YEDDANAPUDIVARI STREET, VIDHYADHARAPURAM, VIJAYAWADA - 520 012

3. DEVINENI BENARJI, S/O NOT KNOWN TO THE PETITIONERS, R/O BHAVANIPURAM, VIJAYAWADA - 520 012 (RR-2 AND 3 HEREIN ARE NOT NECESSARY PARTIES TO THIS CRP)

...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 call for the records relating to the order made in I.A.No.438 of 2019 in O.S.No.572 of 2018 on the file of the Court of the III Additional Junior Civil Judge, Vijayawada, dated 20-12-2022 and set aside the same and consequently allow the said I.A. in the interest of justice and pass 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 to grant stay of all further proceedings in O S.No.572 of 2018 on the file of the Court of the Ill Additional Junior Civil Judge at Vijayawada, pending disposal of the present C.R.P. 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 to extend interim order granted in I.A.No.1 of 2023 in C.R.P.No.1083 of 2023 dated 26.04.2023 and extended from time to time, pending disposal of the CRP and pass such other may deem fit and proper in the order or orders as this Hon’ble Court circumstances of the case.

Counsel for the Petitioner(S):

1. N SIVA REDDY Counsel for the Respondent(S): 1. MAHESH KUMAR KANCHARLA The Court made the following order:

Assailing the correctness and legality of the order dated 20.12.2022 passed by learned III Additional Junior Civil Judge, Vijyawada in Interlocutory Application No.438 of 2019 in Original Suit No.572 of 2018, the present Civil Revision Petition is filed under Article 227 of the Constitution of India.

2. The facts that led to filing of the present Civil Revision Petition are as follows:

i) The petitioners are defendant Nos.1 to 6, respondent No.1 is plaintiff and respondent Nos.2 and 3 are defendant Nos.7 and 8 in O.S.No.572 of

2018.

ii) Respondent No.1/plaintiff filed O.S.No.572 of 2018 seeking permanent injunction along with I.A.No.422 of 2018 seeking an ad-interim injunction restraining the defendants from interfering with his peaceful possession of the plaint schedule property, wherein the Court granted ex parte interim injunction in his favour. However, the defendants, without caring the orders of the Court, intentionally made illegal constructions in the plaint schedule property, despite the injunc