APHC010216282024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

PRESENT:THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NO: 1050/2024 Between:

1. G ADDE AMMANNI,, W/O. VENKATA SUBBAIAH D/O. LATE EMUKA @ YAMUKA CHINNABBI. AGED ABOUT 68 YEARS, R/O, D.NO.9/48, NAGIREDDIPALLI HARIJANAWADA, NANDALUR MANDAL, ANNAMAYYA DISTRICT

2. G OLLA NEELAMMA,, W/O. G.V. RATHNAM, D/O. LATE EMUKA @

YAMUKA CHINNABBI, AGED ABOUT 55 YEARS, R/O.D.NO.9/117, NAGIREDDIPALLI HARIJANAWADA, NANDALUR MANDAL, ANNAMAYYA DISTRICT

3. N ELLIPALLI SWARNA LATHA,, W/O. SREEDHAR BABU, D/O. LATE EMUKA @ YAMUKA CHINNABBI, AGED ABOUT 52 YEARS, R/O.D.NO.2/200-B, ARAVAPALLI VILLAGE, NANDALUR MANDAL, ANNAMAYYA DISTRICT ...PETITIONER(S)

AND

1. V ONGITI RAVI, S/O. LATE SRINIVASULU, AGED ABOUT 55 YEARS, R/O. D.NO. 1-1302/1, YERRAMUKKAPALLI, KADAPA TOWN AND DISTRICT

2. V ONGITI ACHUTHARAYULU, S/O. VONGITI RAVI, AGED ABOUT 19 YEARS, R/O. D.NO. 1-1302/1, YERRAMUKKAPALLI, KADAPA TOWN AND DISTRICT

3. T HE BRANCH MANAGER, CANARA BANK, SETTIPALLI BRANCH, C.R.S., SOUTH CENTRAL RAILWAY, RENIGUNTA MANDAL, TIRUPATI DISTRICT

4. T HE POST MASTER, INDIAN POSTAL SERVICES, SETTIPALLI POST OFFICE, C.R.S., SOUTH CENTRAL RAILWAY, RENIGUNTA MANDAL, TIRUPATI 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 to allow the CRP by setting aside the impugned Order, dt.24.4.2024 passed in C.F.R.No.2556/2024 in (Unnumbered Plaint) on the file of the Court of the Principal Senior Civil Judge, Tirupati and pass 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 grant status-quo in the C.F.R.No.2556/2024 in the Unnumbered Plaint on the file of the Principal Senior Civil Judge, Tirupati and pass IA NO: 2 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 vacate Interim Stay Order dt. 10-5-2024 -passed in lA No. 1 of 2024 in C.R.P. No. 1050 of 2024in the interests of justice and to pass Counsel for the Petitioner(S):

1. G RAMESH BABU Counsel for the Respondent(S):

1. SARALA NEELAGIRI

2. HANUMANTHA RAO BACHINA The Court made the following:

RESERVED ON 27.02.2026 PRONOUNCED ON 28.04.2026 UPLOADED ON 28.04.2026

ORDER

This Civil Revision Petition is filed questioning the legality and correctness of the orders dated 24.04.2024 passed in CFR No.2556 of 2024 in unnumbered suit /2024 by the learned Principal Civil Judge (Senior Division), Tirupati.

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

The petitioners filed the plaint for declaring them as Legal heirs of Emuka @ Yamuka Usha Rani, being heirs of her husband and for a consequential direction to defendant nos. 3 and 4 to pay the plaint schedule amount and hand over duplicate key to open the locker of the deceased Yamuka Usha Rani. The said plaint was returned vide orders dated

24.04.2024 holding that the same was not properly valued.

3. Heard Sri G.Ramesh Babu, learned counsel for petitioners, Ms. Sarala Neelagiri, learned counsel for respondent no.1 and Sri Bachina Hanumantha Rao, learned counsel for respondent no.3.

4. Sri G.Ramesh Babu, learned counsel for petitioners, in elaboration to the grounds of the Civil Revision Petition would contend that out of the two reliefs claimed in the plaint, the court fee is paid on the second relief as per section 24(d) of APCF & SV Act, however, the trial court even without assessing and mentioning the notional value on which court fee has to be paid, rejected the plaint as per Order-7, Rule-11 of the Code of Civil Procedure. He would further contend that the question of payment of Court fee can be gone into at any stage of the suit after numbering and therefore rejecting the plaint