IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE THIRTY FIRST DAY OF JANUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY
CIVIL REVISION PETITION No. 617 of 2023
Petition under Article 227 of the Constitution of India,
against the docket
order dated 17.08.2020, passed in I.A.No.77 of 2020 in O.S.No.27 of 2020 on the
file of the Junior Civil Judge, Kotturu, Srikakularn
District.
Between:
1. Pedada Venkata Rao, son of late Peddappanna, aged
about 48 years, Occ:
Cultivation, Bammidi Village, Kotturu Mandal, Srikakularn
District.
2. Kancharana Venkata Rao, son of Neelayya, aged about
68 years, Occ:
Cultivation, Mathalabpeta Village, Sarubujjili Mandal,
Srikakularn District.
...Petitioners/Defendants
AND
1. Vambarayelli Srinivasa Rao, son of late Dali Naidu,
aged about 38 years,
Occ: Cultivation, R/o Bammidi Village, Kc .furu Mandal,
Srikakularn District.
2. Vambaravelli Appala Naidu, son of late Dali Naidu,
aged about 61 years, Occ:
Cultivation, R/o Bammidi Village, Kotturu Mandal, Srikakularn
District.
3. Vambaravelli Rambabu, son of late Dali Naidu, aged
about 58 years, Occ:
Cultivation, R/o Bammidi Village, Kotturu Mandal, Srikakularn
District.
4. Vambaravelli Ramesh Naidu, son of late Dali Naidu,
aged about 48 years
Occ: Cultivation, R/o Bammidi Village, Kotturu Mandal,
Srikakularn District.
5. Vambaravelli Pratap Kumar, son of late Dali Naidu,
aged about 33 years, Occ-
Cultivation, R/o Bammidi Village, Kotturu Mandal, Srikakularn
District.
...Respondents/Plaintiffs
lA NO: 1 OF 2023
Petition under Section 151 of CPC praying that in the
circumstances stated
in the affidavit filed therewith, the High Court may
be pleased to suspend the
operation the order passed in lA. No 77 of 2020 in
O.S. No. 27 of 2020 on the file
of the Junior Civil Judge, Kotturu dated 17-08 2020
pending disposal of the Civil
Revision Petition as otherwise I suffer irreparab e
loss and injury.
Counsel for the Petitioners
: Sri A Ravi Snankar
Counsel for the Respondents : None .<\ppe ;ired
The Court made the following Order:
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Civil Revision Petition No.617 of 202,1
Order:
This Civil Revision Petition has been filed against
the docket
order dated 17.08.2020 passed in lA No.77 of 2020 in
OS No.27 of
2020 by the learned Junior Civil Judge, Kotturu, Srikakulam
district.
2. The respondents herein filed the suit in OS No.27 of
2020
on
the file of the learned Junior Civil Judge, Kotturu,
Srikakulam district
for declaration of title and for recovery of possession.
Along with the
said suit, the respondents herein filed lA No.77 of
2020 for grant of
ex parte ad-interim injunction restraining the petitioners
herein from
cutting and selling the standing trees on the suit
scheduled property
or create any encumbrances or third party interests
over the same.
The learned Junior Civil Judge, by an order dated 17.08.2020,
granted ex parte temporary injunction by restraining
the petitioners
herein from cutting and selling the standing trees
on the suit schedule
property till filing of counter subject to compliance
of Order XXXIX
Rule 3A CPC.
3. Now, the petitioners herein, who are the defendants
in the
said suit, friedThe present CRP stating that pursuant
to grant of said
ex parte interim injunction order, they received notices
and filed their
counter in lA No.77 of 2020 on 25.08.2020 itself and,
in spite of the
2
same the said lA has not been disposed of till date.
Hence, he
prays
to direct the learned Junior Civil Judge for speedy
disposal of the said
lA.
4. Heard. Perused the record.
5. On a perusal of the material on record goes to show
that
though the petitioners herein filed their counter in
the year 2020 itself
i.e. about 3 V2 years back, it is surprising to note
that till date the
said lA has not been disposed of, by the trial Court.
6. In view of the aforesaid facts and circumstances, without
going
into the merits of the case, the learned Junior Civil
Judge, Kotturu,
Srikakulam district, is directed to dispose of lA No.77
of 2020 in OS
No.27 of 2020 in accordance with law, as expeditiously
as possible,
preferably within a period of four (4) weeks from the
date of receipt
of a copy of this order.
7. With the above direction, the Civil Revision Petition
is disposed
of. There shall be no order as to costs.
As a sequel thereto, the miscellaneous applications,
if any,
pending in this Civil Revision Petition shall stand
closed.
SD/- M PRABHAKAR RAO
ASSISTANT REGISTRAR
i
//TRUE COPY//
/Section officer
To
1. The Junior Civil Judge, Kotturu, Srikakulam District.
2 One CC to Sri A. Ravi Shankar, Advocate [OPUC]
3. The Section Officer, V.R. Section, High Court of A.P. at Amaravathi.
4. Three CD Copies
TK
sree
HIGH COURT
DATED:31/01/2024
ORDER
CRP.No.617 of 2023
G Copfe
l+l3)2if
DSL
DISPOSING OF THE CIVIL REVISION PETITION
WITHOUT COSTS