APHC010674772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

TUESDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 117/2026 Between:

1. K ARUMURI @ KARUMUDI VENKATARATNAM @

VENKATARATNAMMA, W/O. SRINIVASA RAO, AGED ABOUT 48 YEARS, OCC AGRICULTURE, R/O. GUNDLAPALLI VILLAGE, MADDIPADU MANDAL, BAPATLA DISTRICT.

...PETITIONER AND

1. K OTA VENKATA RAO, S/O. KODANDARAMAIAH, AGED ABOUT 54 YEARS, OCC AGRICULTURE, R/O KURRAVANIPALEM VILLAGE, KORLSAPADU MANDAL, BAPATLA DISTRICT.

2. J ARLAMUDI KOTESWARAMMA, , W/O. RAMAJANEYULU. AGED ABOUT 51 YEARS, OCC HOUSE WIFE, R/O. KURRAVANIPALEM VILLAGE, KORISAPADU MANDAL, BAPATLA DISTRICT.

3. J AGARLAMUDI RAMANJANEYULU, S/O. RAMULU, AGED ABOUT

61 YEARS, OCC AGRICULTURE, R/B. KURRAVANIPALEM VILLAGE, KORISAPADU MANDAL, BAPATLA DISTRICT.

...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 topleased to allow the Civil Revision Petition by setting aside the order dated 12/08/2025 in I.A. No. 531 of 2025 in O.S. No. 201 of 2024 on the file of the Honble Principal Junior Civil Judge Court, Addanki, whereunder dismissed the petition filed for appointment of Advocate Commissioner, and pass IA NO: 1 OF 2026 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. 201 of 2024 on the file of the Hon'ble Principal junior Civil Judge court, Addanki, pending the. Civil Revision Petition and pass Counsel for the Petitioner:

1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S):

1. PENUMAKA VENKATA RAO The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION No.117 of 2026 ORDER:-

The revision petition is filed under Article 227 of the Constitution of India aggrieved by the order dated 12.08.2025 passed in I.A.No.531 of 2025 in O.S.No.201 of 2024 on the file of Hon’ble Principal Junior Civil Judge, Addanki.

2. The petitioner herein is the plaintiff and the respondents herein are defendants in the Suit. For the sake of convenience of this Court, the parties are referred herein as arrayed in the Suit.

3. The petitioner herein/ plaintiff instituted a suit vide O.S.No.201 of 2024 seeking permanent injunction restraining the defendants, their men and agents from interfering in any manner with plaintiff’s peaceful possession and enjoyment of the suit schedule property. While so, the plaintiff herself filed I.A.No.531 of 2025 under Order 26 Rule 9 read with Sections 94 and 151 of CPC, seeking to appoint an advocate commissioner to inspect the suit schedule property, to observe existing physical features including boundaries for the suit schedule property and to get schedule property measured with metes and bounds by the mandal surveyor and to note down the other existing features if any that may be brought to his notice and to file his report with plan to the court by answering the work memos if any given at the time of his inspection.

4. Learned counsel for the petitioner submits that the petitioner/ plaintiff was granted ad-interim injunction and the respondents filed vacate petition and insisting for hearing the matter. He further submits that the petitioner acquired the subject property through a registered Will deed dated 30.12.1995 duly executed by her maternal grandmother in favour of the petitioner and her mother.

5. Learned counsel for the petitioner/ plaintiff further submits that the plaintiff acquired the D-schedule property under a registered Will dated 28.07.1993 covering part of the suit schedule property i.e., Ac.0.73½ cents in Sy.No.896 of Ravunuthala Village duly executed by her maternal grandfather. He also contended that there is another registered Will executed on 30.12.