sAPHC010111062023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NO: 813/2023 Between:

1. YELUGUBANTI SAVITRI, W/O SRI RAMAKRISHNA, HINDU, AGE. 46 YEARS, OCC. HOUSE WIFE, R/O DOOR NO. 3-95, G. DONTHAMURU - 533 294, RANGAMPETA MANDAL, EAST GODAVARI DISTRICT

2. CHALLA PADMAVATHI,, W/O ADINARAYANA, HINDU, AGE. 51 YEARS, OCC. HOUSE WIFE, R/O DOOR NO. 5-160, K.

GANGAVARAM MANDAL ...PETITIONER(S)

AND

1. PENTAPATI SURYAVATHI, W/O SRI VEERA BHADA RAO, R/O KEDARI LANKA - 533 223, KAPILESWARAPURAM MANDAL, DR.B.R.A.KONASEEMA DISTRICT

2. PENTAPATI VENKATA RAO, S/O SRI VEERA BHADRA RAO, R/O KEDARI LANKA - 533 223, KAPILESWARAPURAM MANDAL, DR.B.R.A.KONASEEMA DISTRICT

3. PENTAPATI VEERANNA, S/O SRI VEERA BHADRA RAO R/O KEDARI LANKA - 533 223, KAPILESWARAPURAM MANDAL, DR.B.R.A.KONASEEMA DISTRICT

4. PENAPATI BHAVANI, W/O SRI VEERA BHADRA RAO. R/O KEDARI LANKA - 533 223, KAPILESWARAPURAM MANDAL, DR.B.R.A.KONASEEMA DISTRICT

5. PENTAPATI POLICE, S/O SRI VENKATA RAO, R/O D.NO. 2-38, KORUMILLI - 533 309 KAPILESWARAPURAM MANDAL, DR. B. R.A.

KONASEEMA DISTRICT

6. VATTIKUTI SUSEELA, W/O SRI NAGESWARA RAO, R/O VELLA - 533

255, RAMACHANDRAPURAM MANDAL, DR.B.R.A.KONASEEMA DISTRICT

7. PENTAPATI SATYANARAYANA BURAYYA, S/O SRI VENKATA RAO, R/O D.NO. 4-63, INAPURAM - 533 216, KAPILESWARAPURAM MANDAL, DR.B.R.A.KONASEEMA 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 call for the records relating to the Decree and Order made in I.A.No.212 of 2022 in O.S.No.162 of 2019 on the file of the Court of the Additional Judicial First Class Magistrate - Cum - Additional Junior Civil Judge, Ramachandrapuram, dated 05-12-2022 and set aside the same by allowing the I.A. filed in the suit 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.162 of 2019 on the file of the Court of the Additional Judicial First Class Magistrate — Cum - Junior Civil Judge, Ramachandrapuram, pending disposal of the present C.R.P. 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 extend the interim order granted in CRP No.813 of 2023 dated 28-03-2023, pending disposal of the present CRP and pass Counsel for the Petitioner(S):

1. N SIVA REDDY Counsel for the Respondent(S):

1. RAHUL KALAKURCHA The Court made the following order:

Assailing the correctness and legality of the order and decree, dated

05.12.2022 passed in Interlocutory Application No.212 of 2022 in Original Suit No.162 of 2019 on the file of the Court of Additional Judicial First Class Magistrate-cum-Additional Junior Civil Judge, Ramachandrapuram, the present Civil Revision Petition is filed under Article 227 of the Constitution of India.

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

i) The petitioners herein are plaintiffs and respondents herein are defendants in O.S.162 of 2019 on the file of the Court of Additional Judicial First Class Magistrate-cum-Additional Junior Civil Judge, Ramachandrapuram. ii) The plaintiffs filed the suit in O.S.No.162 of 2019 seeking partition of Plaint A and B schedule properties into six equal shares by metes and bounds and to allot one such 1/6^th share each to the plaintiffs and deliver possession of the same to the plaintiffs and for grant of future profits relating to the plaint schedule property over 1/6^th share of each of the plaintiffs i.e., 1/3^rd share from the date of filing the suit till realization of possession with interest at 12% from the respective due d