Velagapudi Viswanath vs. Sri Ramalingeswara Swamy Temple

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble R Raghunandan Rao
Case Status:Unknown Status
Order Date:16 Dec 2024
CNR:APHC010210772015

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble R Raghunandan Rao , Maheswara Rao Kuncheam

Listed On:

16 Dec 2024

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MONDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO AND HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

CONTEMPT APPEAL Nos.32 and <sup>33</sup> of 2015

CONTEMPT APPEAL No.32 of <sup>201</sup> fi

Contempt Appeal filed under Section 19 of Contempt of Courts Act, aggrieved by the order dated 12-10-2015 passed in Contempt Case No. 1041 of 2015.

Between:

Lanke Vijayalakshmi, W/o.Venkateswara Rao, aged 44 years, D,No.14- 118 (old 13-86), R/o. Peda Pulipaka Road, Yenamalakuduru Village, Penamalur Mandal, Krishna District-520 007.

...Petitioner/Respondent

AND

Sri Ramalingeswara Swamy Temple, Yenamalakudurru Village, Penamalur Mandal, Krishna District, rep. by its Executive Officer. 1.

...Respondent/Petitioner

  • Velagapudi Viswanath, S/o. Nageswara Rao, Aged 29 years, D.No.14- 111, Peda Pulipaka Road, Yenamalakuduru Village, Penamalur Mandal, Krishna District-520 007. 2.
    1. Dannapaneni Chinnamma, W/o. Balakoti, R/o. Peda Pulipaka Road, Yenamalakuduru Village, Penamalur Mandal, Krishna District-520 007.
  1. Palakurthi Krishna, S/o. Suryanarayanaa, R/o. Peda Pulipaka Road. Yenamalakuduru Village, Penamalur Mandal, Krishna District-520 007.

...Respondents/ Respondents 2 to 4

(Respondents 2 to 4 are not necessary parties to this appeal)

I.A. NO: <sup>1</sup> OF 2015rAPPL. NO: 1370 OF 2015)

Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the sentence passed in CC.No.1041 of 2015 on dated 12/10/2015 pending disposal of the main appeal.

Counsel for the Appellant : Sri Suresh Kumar Potturi

Counsel for Respondent No.1: Smt Pulipati Radhika

CONTEMPT APPEAL No.33 of <sup>201</sup>

Contempt Appeal filed under Section 19 of Contempt of Courts Act, aggrieved by the order dated 12.10.2015 passed in Contempt Case No. 1041 of 2015.

Between:

Velagapudi Viswanath, S/o.Nageswara Rao, Aged 29 years, D.No.14- 111, R/o. Peda Pulipaka Road, Yenamalakuduru Village, Penamalur Mandal, Krishna District-520 007.

...Petitioner/Respondent

AND

  1. Sri Ramalingeswara Swamy Temple, Yenamalakudurru Village, Penamalur Mandal. Krishna District, rep. by its Executive Officer.
    1. Lanke Vijayalakshmi, W/o.Venkateswara Rao
    1. Dannapanenei Chinnamma, W/o. Balakoti
    1. Palakurti Krishna, S/o.Surya Narayana

(Respondents 2 to 4 are not necessary to this Appeal)

...Respondents

I.A. NO: 2 OF 2015rAPPL. NO: 1387 OF 2015t

Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the sentence passed in CC.No. 1041 of 2015 dated 12.10.2015 pending disposal of the main appeal.

Counsel for the Appellant : Sri Suresh Kumar Potturi

Counsel for Respondent No.1: Smt. Pulipatl Radhika

The Court made the following:

<»■

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ip. [3508]

MONDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

CONTEMPT APPEAL NO: 32/2015

Between:

Lanke Vijayalakshmi ...APPLICANT

AND

...RESPONDENT(S) Sri Ramalingeswara Swamy Temple and Others

Counsel for the Applicant:

1.SURESH KUMAR POTTURI

Counsel for the Respondent(S):

1.PULIPAT1 RADHIKA

CONTEMPT APPEAL NO: 33/2015

Between:

Velagapudi Viswanath, ...APPLICANT

AND

...RESPONDENT(S) Sri Ramalingeswara Swamy Temple and Others

Counsel for the Applicant:

1.SURESH KUMAR POTTURI

Counsel for the Respondent(S):

1.PULIPATI RADHIKA

The Court made the following Common Judgment:

(per Hon'ble Sri Justice R. Raghunandan Rao)

The 1®* respondent, being aggrieved by taking over of Ac.0.35 cents of land in Rs.No.57/1 of Yenamalakuduru Village, Penamalur Mandal, had approached this Court by way of W.P.No.8745 of 2015.

A learned Single Judge of the erstwhile High Court of Andhra Pradesh had passed an order, dated 01.04.2015, directing maintenance of status-quo. 2.

Thereafter, the 1®' respondent approached the learned Single Judge, by way of C.C.No.1041 of 2015, contending that the possession of the aforesaid land has been taken over despite the orders of the learned Single Judge. 3.

The learned Single Judge, after hearing both sides and considering the contention of the appellants that, the possession of the land had been taken over even prior to the orders of the Court, had held the appellants guilty of violation of the orders of the Court, while dismissing the Contempt Case against two other respondents in the Contempt Case, by an order, dated 4. 12.10.2015.

  1. Aggrieved by the said orders, the appellants have moved these two Contempt Appeals before this Court.

Smt.Pulipati Radhika, learned counsel appearing for the 1®' respondent, submWs .hal the possess\on of the \and has been given back to the respondent-Tempie and the lease of the said land has also been auctioned. The 1"^ respondent-Temple is receiving rents from the sai^^pife 6. A

She further submits that, in such circumstances, the appellants have purged themselves of the Contempt of the orders of this Court. 7.

In that view of the matter, these Contempt Appeals are allowed. 8.

sequel, interlocutory applications pending, if any shall stand As <sup>a</sup> closed.

Sd/- P. VENKATA RAMANA JOINT REGISTRAR

//TRUE COPY//

SECTFON OFFICER To

  1. The Executive Officer, Sri Ramalingeswara Swamy Temple Yenamalakudurru Village, Penamalur Mandal, Krishna District.

One CC to Sri Suresh Kumar Potturi, Advocate [OPUC] 2.

One CC to Smt. Pulipati Radhika, Advocate [OPUC] 3.

Three CD Copies 4. TK

Cnr

HIGH COURT

DATED; 16/12/2024

COMMON ORDER 'AMi

<sup>40</sup> CA.Nos.32 & <sup>33</sup> of <sup>2015</sup>

ALLOWING THE CONTEMPT APPEALS

TK