Ushodaya Enterprises Private Limited vs. Musunuru Apparao
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble U.Durga Prasad Rao
Listed On:
5 Jul 2024
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY .THE FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO CLVIL REVISION PETITION NOS: 1171 & 1172 OF 2024 CIVIL REVISION PETITION NO: 1171 OF 9n?d
Petition under Article 227 of the Constitution of India aggrieved by the Order dated 08/05/2023 in I.A.No.379/ 2024 in OS No.409 of 20l'5 fiie of Vii Additionai District Judge, Vijayawada on the
Between:
Ushodaya Enterprises Private Limited, A Company incorporated under the Companies Act, 1956 Represented by its authorized V.Ratna Kuitiar, S/o V.Lakshman Rao Employee, R/o 7-1-413/1/A/401. Ameerpet, Hyderabad. Telanagana. Signatory. Aged about 59 years, Occ Sri Durga Vihar Apartments.
...Petitioner/Petitioner/First Defendant
AND
- Musunuru Appa Rao. S/o late Narayanappa, Aged about Plot No.24 AND 25, North Extension layout, Seethammadhara Visakhapatnam, Andhra Pradesh. 85 years, R/o
...Respondent/Respondent/Plaintiff
- Valluru Venkateswara Rao. (Not Necessary Party)
...Respondent/Respondent/ Second Defendant
i
\ (second respondent is not <sup>b</sup> / revision petition) <sup>a</sup> necessary party to the present <sup>I</sup>
lA NO: <sup>1</sup> OF 2C?d
%
\
Petition under Section <sup>151</sup> of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in O.S.No.409 of 2015 on the file of VII Additional District Judge, Vijayawada pending Revision Petition. disposal of the above
Counsel for the Petitioner: Sri. M R K Chakravarthy
Counsel for the Respondents: Sri. V V Ravi Prasad
/
/
CIVIL REVISION PETITION NO: 1172 OF
Petition under Article 227 of the Constitution of India, Docket Order dated 10/05/2024 in OS No.409 of 2015 Additional District and Sessions Judge, Vijayawada aggrieved by the on the file of VII
Between:
Ushodaya Enterprises Private Limited A Company incorporated under the Companies Act, 19^6 Represented by its authorized Signatory, V.Ratna Kumar, S/o V.Lakshman Rao / * Employee, R/o 7-1-413/1/A/401 Aged about 59 years, Occ Sri Durga Vihar Apartments, Ameerpet, Hyderabad, Telanagana.
...Petitioner/Petitioner/First Defendant
AND
- Musunuru Appa Rao, S/o late Narayanappa Plot No.24 AND 25. North Extension layout, Visakhapatnam, Andhra Pradesh. , Aged about 85 years, R/o Seethammadhara,
...Respondent/Respondent/Plaintiff
(Not Necessary Party) 2. Vallum Venkateswara Rao
...Respondent/Respondent/
Second Defendant
(second respondent is not a necessary party to the present revision petition)
lA NO: 2 OF 9n9A
%I*
Petition under Section <sup>151</sup> of CPC stated in the affidavit filed <sup>i</sup> pleased to stay all further VII Additional District & Sessions above Revision Petition. praying that in the circumstances in support of the petition, the High Court may be on the file of Judge, Vijayawada pending disposal of the proceedings in O.S.No.409 of 2015
Counsel for the Petitioner: Sri. Nl R K Chakravarthy
Counsel for the Respondents: Sri. V V Ravi Prasad
The Court made the following:
APHC010245102024
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IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction)
[2605]
f
FRIDAY.THE FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
CIVIL REVISION PETITION NOs: 1171& 1172/2024
Between:
Ushodaya Enterprises Private Limited
...PETITIONER
AND
Musunuru Appa Rao and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.M RKCHAKRAVARTHY
Counsel for the Respondent(S):
<sup>1</sup> .V V RAVI PRASAD
The Court made the following common order:
Challenging the order dated 08.05.2024 in LA. No.379 of 2024 and the docket order dated 10.05.2024 in O.S. No.409 of 2015 on the file of learned VII Additional District Judge, Vijayawada, CRP Nos.1171 and 1172 of 2024 respectively are filed.
Heard Sri M.R.K.Chakravarthy, learned counsel appearing for the petitioner and Sri V.V.Ravi Prasad, learned counsel appearing for the respondent. 2.
When the matter came up for hearing, both the learned $\overline{3}$ . counsel across the bar submitted that they have no objection for allowing the CRPs and setting aside the impugned orders passed in I.A. No.379 of 2024 in O.S. No.409 of 2015 and O.S. No.409 of 2015 respectively. They further submitted that consequent to allowing the CRPs, the defendant in O.S. No.409 of 2015 may be permitted to submit certified copies of Urban Land Ceiling Proceedings vide C.C. No.1405/76 and proceed with the trial.
Recording the above submissions of both the learned counsels, these CRPs are allowed by setting aside the impugned orders in LA. No:379 of 2024 and the docket order in O.S. No.409 of 2015 respectively. As a consequence, the petitioner herein i.e., defendant is permitted to produce certified copies of Urban Land Ceiling Proceedings vide C.C. No.1405/76 before the trial court and proceed with the trial accordingly. No costs. As a sequel, interlocutory applications pending, if any, in this case shall stand closed.
SD/- S SRINIVASA PRASAD ASSISTANT REGISTRAR
To,
$\mathcal{L}^{\mathcal{L}}$ $\mathcal{L}_{\mathcal{L}}$
SECTION OFFICER
- The VII Additional District and Sessions Judge: Vijayawada, Krishna District. (with records if any)
//TRUE COPY//
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- One CC to Sri. M R K Chakravarthy, Advocate [OPUC]
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- One CC to Sri. V V Ravi Prasad, Advocate [OPUC]
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- Three CD Copies
- SAM
HIGH COURT DATED.05/07/2024
COMMON ORDER
CRP.Nos.1171 & 1172 of 2024
Jf