ILLAPU PENTAYYA v. NAGISETTY BANGARU NAIDU (DIED)
Court: High Court of Andhra Pradesh
Bench: R RAGHUNANDAN RAO
Judgment date:
Case summary
High Court of Andhra Pradesh judgment dated 2025-03-07. ILLAPU PENTAYYA v. NAGISETTY BANGARU NAIDU (DIED). Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NOS: 117 R hq OF 2025 AND 2984 of 2()9d CIVIL REVISION PETITION NO: 117 of Petition under Article 227 of the Constitution of India aggrieved by the Order dt. 02. 12. 2024 passed in I. A. No. 460 of 2024 in O. S. No. 214 of 2006 on the file of the court of Learned IX Additional District Judge (Fast Track Court), Chodavaram. Between: lllapu Pentayya, S/o Musali Naidu, Aged 54 years, R/o. Desapatrunipalem Village, Kothavalasa Mandal, Vizianagaram District. ... Petitioner/Petitioner/7*^ Defendant AND 1. Nagisetty Bangarunaidu (Died), 2. Nagisetty Sanjeeva Rao, S/o Late Nagisetty Pothu Raju, Occ. Advocate, R/o. Visalakshi Nagar, Visakhapatnam District. ... Respondents/Respondents/Plaintiffs 1 &2 3. Nagisetty PothuRaju (Died), :2 4. K. Ramamurthy, S/o.
Venkunaidu, Aged 70 years, R/o Devarapalli Village and Mandal, Anakapalli District, Erstwhile Visakhapatnam 'District. 5. K. Chinna Yerrinaidu, S/o. Tata, Aged 58 years, R/o Devarapalli Village District. > / and Mandal, Anakapalli District, Erstwhile Visakhapatnam 6. Bandi Prasoona, W/o. N. S. V. Kesava Rao, R/o Seetammadhara, Visakhapatnam City, Visakhapatnam District. 7. N. S. V. Kesava Rao, S/o Late Nagisetty Pothu Raju, Aged 56 years, Occ. Lecturer, Govt. Junior College, R/o Seetammadhara, Visakhapatnam City, Visakhapatnam District. 8. Peddada Venkata Ramana, S/o Yeruku Naidu, Aged 50 years, R/o Erstwhile Devarapalli Village and Mandal, Anakapalli District, Visakhapatnam District. 9. Nagisetti Appalanarasamma (Died) R/o Plot No. 61, 10. Gokeda Kasulamma, W/o. Apparao, Aged 60 years, District. Visalakshi Nagar, Visakhapatnam City Visakhapatnam 11. Ponthapalli Adilakshmi, W/o. Late Surya Narayana Aged 57 years, R/o. Marrivalasa Village, K. Kotapadu Mandal, Visakhapatnam. 12.
Galla Paremaswari @ Kumari, W/o. G. P. Y. Naidu, Aged 54 years, R/o. Banadi Village, Vepada Mandal, Visakhapatnam District. 52 years, R/o. 13. Thummaganti Shyamala, W/o. Satyanarayana, Aged Erstwhile Lakkavaram Village, Chodavaram Mandal, Anakapalli District, Visakhapatnam District R/o. A. V. 14. Mycherla Ramalakhmi, W/o Nanaji, Aged 46 years, Erstwhile Agraharam Village, Cheedikada Mandal, Anakapalli District, Visakhapatnam District. 44 years, R/o. 15. Nunnaguppala Padmavati, W/o Sarvadevullu, Aged Kottam Village, S. Kota Mandal, Vizianagaram District. R/o. Aged 53 years. 16. Ellapu Satyavati, W/o. Pentayya, District. Desapatrunipalem, Kothavalasa Mandal, Vizianagaram Aged 50 17. Nagisetty Varahalakshmi Narasinga Rao, S/o. Late Pothuraju, Madhav years, Occ. Private Employee, R/o. G2, Block-1, Radha Enclave, Miyapur, Hyderabad - 50. R/o Gayatri 18. Nagisetti Ramdev, S/o.
Late Pothuraju, Aged 47 years, Anakapalli Hospital Main Road, Chodavaram Village and Mandal, District, Erstwhile Visakhapatnam District. years, C/o. 19. Bondala Rajeswari, W/o. Venugopala Rao, Aged 44 Radha Nagisetti Varahalakshmi Narasinga Rao, R/o. G2, Block-1, Madhav Enclave, Miyapur, Hyderabad - 50. ... Respondents/Respondents/ Defendants 1 to 6 & 8 to 18 lA NO: 1 OF 2025 circumstances Petition under Section 151 CPC praying that in the the High Court may be stated in the affidavit filed in support of the petition, O. S. No. 214 of 2006 on pleased to grant stay of all further proceedings in the file of the Court of Learned IX Addl. District Judge [Fast Track Court], Chodavaram, pending disposal of the main CRP. Counsel for the Petitioner; SMT. NI MM AG AD DA REVATHI Counsel for the Respondent No. 2: SRI. M. MURALI LINCOLN M % CIVIL REVISION PETITION NO: 119 OF 2025 Petition under Article 227 of the Constitution of India, aggrieved by the in O. S. No. 214 of Order dated 02. 12.
2024 passed in I. A. N0. 461 of 2024 2006 on the file of the Court of Learned IX Addl. District Judge (Fast Track Court) Chodavaram. Between: lllapu Pentayya, S/o Musali Naidu, Aged 54 years, R/o. District. Desapatrunipalem Village, Kothavalasa Mandal, Vizianagaram ... Petitroner/Petitioner/7‘^ Defendant AND 1. Nagisetty Bangaru Naidu (Died) 2. Nagisetty Sanjeeva Rao, S/o Late Nagisetty Pothu Raju, Occ Advocate R/o. Visalakshi Nagar, Visakhapatnam District. ... Respondents/Respondents/Plaintiffs 1 & 2 3. K. Ramamurthy, S/o. Venkunaidu, Aged 70 years, R/o Devarapalli Village and Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 4. K. Chinna Yerrinaidu, S/o. Tata, Aged 58 years, R/o Devarapalli Village District. and Mandal, Anakapalli District, Erstwhile Visakhapatnam 5. Bandi Prasuna, W/o. N. S. V. Kesava Rao, R/o Seetammadhara, Visakhapatnam City Visakhapatnam District. 6. Peddada Venkata Ramana, S/o. Yeruku Naidu, aged 50 years, R/o.
Erstwhile Devarapalli Village and Mandal, Anakapalli District, Visakhapatnam District. 7. N. S. V. Kesava Rao, S/o Late Nagisetty Pothu Raju, Aged 56 years, R/o Occ Lecturer, Govt. Junior College, Seetammadhara, Visakhapatnam City, Visakhapatnam District. 8. Nagisetti Appalanarasamma, (Died) 9. Gokeda Kasulamma, W/o. Apparao, Aged 60 years, R/o Viluparthi district. Village, Vepada Mandal, Visakhapatnam city, Visakhapatnam 10. Ponthapalli Adilakshmi, W/o. Late Surya Narayana Aged 57 years, District, R/o. Marrivalasa Village, K. Kotapadu Mandal, Anakapalli Erstwhile Visakhapatnam District. 11. Galla Paremaswari @ Kumari, W/o. G. P. Y. Naidu, Aged 54 years, R/o. Banadi Village, Vepada Mandal, Visakhapatnam District. 12. Thummaganti Shyamala, W/o. Satyanarayana, Aged 52 years, R/o. Erstwhile Lakkavaram Village, Chodavaram Mandal, Anakapalli District, Visakhapatnam District. R/o. A. V. 13.
Mycherla Ramalakhmi, W/o Nanaji, Aged 46 years, Erstwhile Agraharam Village Cheedikada Mandal, Anakapalli District, Visakhapatnam District. 14. Nunnaguppala Padmavati, W/o Sarvadevullu, Aged 44 years, R/o. Kottam Village, S. Kota Mandal, Vizianagaram District, Presently District. Residing at APSWR School, Tallapalem, Visakhaptnam R/o. 15. Ellapu Satyavati, W/o. Pentayya, Aged 53 years District. Desapatrunipalem, Kothavalasa Mandal, Vizianagaram 16. Nagisetty Varahalakshmi Narasinga Rao, S/o. Late Pothuraju, Aged 50 Madhav years, Occ Private Employee, R/o. G2, Block-1, Radha Enclave, Miyapur, Hyderabad - 50. G years, R/o Gayatri 17. Nagisetti Ramdev, S/o. Late Pothuraju, Aged 47 Anakapalli Hospital Main Road, Chodavaram Village and Mandal, District, Erstwhile Visakhapatnam District. years, R/o. G2, 18. Bondala Rajeswari, W/o. Venugopala Rao, Aged 44 50. Block-1, Radha Madhav Enclave, Miyapur, Hyderabad - ...
Respondents/Respondents/ Defendants 1 to 6 & 8 to 18 Counsel for the Petitioner: SMT. NIMMAGADDA REVATHI Counsel for the Respondent No. 2: SRI. M. MURALI LINCOLN CIVIL REVISION PETITION NO: 2984 OF 2024 Petition under Article 227 of the Constitution of India, aggrieved by the in O. S. No. 214 of Order dated 19. 11. 2018 passed in I. A. N0. 422 of 2024 2006 on the file of the Court of Learned IX Addl. District Judge (Fast Track Court) Chodavaram. Between: Lecturer in N. S. V. Kesava Rao, S/o Pothuraju, Aged 49 years, Occ Bhanu Nagar, Govt. Junior College R/o Flat No. 205, Sita Apartment, H. B. Colony, Seethammapeta, Visakhapatnam. ... Petitioner/Petitioner/5‘^ Defendant AND 1. Nagisetty Bangarunaidu (Died) Raiwada Village 2. N. Sanjeeva Rao, S/o Pothu Raju, Advocate, R/o. Devarapalli Mandal, Visakhapatnam. 3. Nagisetty PothuRaju, (Died) R/o 4. Kilaparthy Ramamurthy, S/o Venkunaidu, Aged 62 years Devarapalli Village and Mandal, Visakhapatnam District. R/o 5.
Koluporu Chinna Yerrinaidu, S/o Thatha, Aged 54 years Devarapalli Village nad Mandal, Visakhapatnam District. R/o Flat 6. Bandi Prasuna, W/o N. S. V. Kesava Rao, Aged 47 years, No. 205, Sita Apartment, Bhanu Nagar, H. B. Colony, Seethammapeta, Visakhapatnam. 7. Pedda Venkata Ramana, S/o Yeruku Naidu, Aged about 48 years, R/o Devarapalli Village and Mandal Visakhapatnam. R/o 8. Illapu Pentayya, S/o Musali Naidu, Aged 50 years, District. Desapatrunivanipalem Kothavalasa (M), Vizianagaram 9. Nagisetti Appalanarasamma, (Died) 10. Gokeda Kasulamma, W/o Apparao, Aged 54 years, R/o Plot No. 61, Visalakshi Nagar, Visakhapatnam. 11. Ponthapalli Adilakshmi, W/o Late Surya Narayana, Aged 51 years, R/o Door No. 49 -5-2, Lalitha Nagar, Akkayyapalem, Visakhapatnam. 12. Galla Paremaswari, W/o G. P. Y. Naidu, Aged 54 years, R/o Banadi Village, Vepada Mandal Visakhapatnam District. 13. Thumaganti Syamala, W/o Satyanarayana, Aged 44 years, R/o District.
Lakkavaram Village, Chodavaram Mandal, Visakhapatnam 14. M. Ramalakhmi, W/o Nanaji, Aged 40 years, R/o Adivilaagraharam Cheedikada Mandal, Visakhapatnam District. 15. Nunnagoppula Padmavathi, W/o Darvadevullu, Aged 36 years, R/o APSWR School, Tallapalem Kasimkota Mandal, Visakhapatnam District. 16. Yellapu Satyavathi, W/o Pentayya, Aged 25 years R/o. Desapatrunipalem, Kothavalasa Mandal, Vizianagaram District. 17. . N. V. L Narasinga Rao, S/o Pothuraju, Aged 43 years, R/o Block-1, Radha Madhav Enclave, Miyapur, Hyderabad. 18. . Dr. Nagsetti Ramdev, S/o Pothuraju, Aged 40 years, R/o Gayatri Hospital, Chodavaram Village and Mandal, Visakhapatnam District. 19. Bondala Rajeswari, W/o Venugopala Rao, Aged 35 years, R/o Block- 1, Radha Madhav Enclave Miyapur, Hyderabad. ...
Respondents/Respondents/ Defendants 1 to 4,6 & 7,9 to 19 lA 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 stay of all further proceedings in O. S. No. 214 of 2006 on the file of the Court of Learned IX Addl. District Judge (Fast Track Court) Chodavaram, pending disposal of the main CRP. Counsel for the Petitioner: SMT. NIMMAGADDA REVATHI Counsel for the Respondent No. 2: SRI. M. MURALI LINCONLN The Court made the following: APHC010018512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3206] (Special Original Jurisdiction) FRIDAY. THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO 2984 of 2024 CIVIL REVISION PETITION Nos: 117 & 119 of 2025 and CIVIL REVISION PETITION NO: 117/2025 Between: ... PETITIONER lllapu Pentayya AND ...
RESPONDENT(S) Nagisetty Bangarunaidudied and Others Counsel for the Petitioner: 1. N1MMAGADDA REVATHl Counsel for the Respondent(S): 1. MURALI LINCOLN 2. CIVIL REVISION PETITION NO: 119/2025 Between: ... PETITIONER lllapu Pentayya AND ... RESPONDENT(S) Nagisetty Bangaru Naidu Died and Others Counsel for the Petitioner: 1. NIMMAGADDA REVATHl Counsel for the Respondent(S): RRR, J ^ . C. R. P. No. 117 of 2025 & batch 1. MURAL1 LINCOLN 2. CIVIL REVISION PETITION NO: 2984/2024 Between: N. s. v. Kesava Rao ... PETITIONER AND Nagisetty Bangarunaidudied and Others ... RESPONDENT(S) Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. MURALI LINCOLN 2. The Court made the following common order: As these three Civil Revision Petitions arise out of the orders passed in the same suit, they are being disposed of together, by way of this common order. 2. The respondents 1 & 2, in the revision petition, had filed O. S. No.
214 of 2006, before the Learned IX Additional District and Sessions Judge, Chodavaram (Fast Track Court), for partition of the property. 3. During the trial of the suit, the evidence of defendants 5 & 7 was closed. Thereafter, the S**" defendant moved I. A. No. 422 of 2024, for reopening his evidence for the purpose of examining himself as a witness. Similarly, LA. No. 460 of 2024 was filed by the 7^'^ defendant for reopening his evidence. RRR,J C. R. P. No. ll7of2025& batch The 7*'^ defendant also filed for the purpose of examining himself as a witness. I. A. No. 461 of 2024 to produce certain documents before the Court, for the purpose of marking them. All the above applications were dismissed by the Trial Court, by way of separate orders, dated 02. 12. 2024. 4. The Trial Court took the view that the defendats had been given them and that the suit is adequate opportunity which has not been availed by at the earliest. of the year 2006, which requires to be disposed of, 5.
Aggrieved by these orders, the present Civil Revision Petitions have been filed. 6. The learned counsel for the respondents/ plaintiff would contend the Trial Court are that the suit is of the year 2006 and the orders of appropriate and need not be interfered with. 7. As the suit is a suit for partition, it would only be appropriate if all evidence and a decision the parties are given adequate opportunity to edduce had been allowed to edduce is taken on the merits of the case after the parties their evidence. 8. However, this Court would also have to take note of the fact that the suit is of the year 2006 and has been kept pending for the past 19 years. 9. In the circumstances, with a view to balance all these factors. these Civil Revision Petitions are allowed, with the following directions: RRR, 4 C. R. P. No. 117 of 2025 & batch (1)lt is represented that the 5'^ defendant has already filed his affidavit in-lieu of chief-examination.
(2) The 7‘^ defendant shall file his affidavit in-lieu of chief-examination within a period of one (01) week from today. (3) The cross-examination of the defendant shall be taken up on the th next date of hearing itself and the evidence of the 5 defendant shall stand eschewed if he is not present on the next date of hearing of the suit. (4) Upon completion of the cross-examination of the 5^^ defendant, the next date of hearing would be fixed and the cross-examination of the 7'*^ defendant shall be taken up on that date. Any failure on the part of the 7 defendant to appear on the dates, so fixed by the Trial th Court, shall result in the evidence of the 7 defendant being eschewed. (5) The Trial Court, after completing all these evidences, shall hear arguments and dispose of the suit, within a period of one (01) month after the completion of the evidence of defendants 5 & 7. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. .
_ Sd/-P VINOD KUMAR //TRUE COPY// ''SSISTAN-^E^AR To, SECTION OFFICER 1. The IX Additional District Jddae( Fast Track Court) Chodavaram. 2. One CC to Smt. Nimmagadda Revathi, Advocate [OPUC] 3. One CC to Sri. M. Murali Lincoln, Advocate [OPUC] 4. Three CD Copies PR sree HIGH COURT DATED:07/03/2025 COMMON ORDER C. R. P. NOs: 117 & 119 OF 2025 and 2984 of 2024 I" 01. APR 2025 I ^ . Current Section ^ ALLOWING THE CRPs WITHOUT COSTS
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