The High Court · 2025

'1. Bathini Srinivas, S/o. Chinna Venkataiah, Aged 57 years, Occ. Business, Rl/o H.No.3-10-78, Reddy Colony, Hanumakonda, Warangal

2. Bathini Venugopal Rao, S/o. Chinna Venkataiah, Aged 70 years, Occ Business, Rl/o. H.No.1 1-25-7 l10A, Kothawada, Warangal

3. Bathini Ram Prakash, S/o. Rama Rao, Aged 36 yearl Occ. Business, R/o H.No.6-88, Enumamula, Warangal

4. Bathini Mohan Rao, S/o. Papaiah, Aged 53 years, Occ. Business, Rl/o H.No.6-88, Enumamula, Warangal ...Petitioners / Petitioners / Defendants AND 1. Neelarapu Laxminarayana, Sio. Narsaiah, Aged 78 years, Occ. Agriculture, R/o. H.No.9-2-209, Girmajipet, Warangal

2. Neelarapu Ranjith Kumar, S/o. Laxminaryana, Aged 45 years, Occ. Business, Rl/o. H.No.9-2-209, Girmajipet, Warangal ...Respondents / Respondents / Plaintiffs lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances staled in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in O.S.No.227 ot 2021 on the file of the Court of Vll Additional Junior Civil Judge-Cum-Judicial Magistrate of First Class, Warangal, pending disposal of the above Revision. lA NO: 1 OF 2025 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 permit and receive the documents the 1) Supplemental Deecl executed by Togaru Komuraiah in favour of Bathini Srinivas, 2) Memo issued by Tahsildhar under RTI along with translation. 3) Representation of Bathini Venugopal to RDO and KUDA with true translation Letters to RDo,4) Representation of Bathini prakash to RDo and KUDA with true translation, 5) Representation of Bathini lMohan Rao to RDO and KUDA with true translation, 6) Judgment and Decree in OS No, 27612014,7) Lok Adalath Award in OS No. 19012013 in Lok Adalath case No. 32O2lZO1g, A) Copy of Plaint in OS No. 22712021,9) order in tA No. 1B7t2O21.in OS No. 22712021 and 1 0) copy of common order passed in Writ petition Nos. 1 0704, 19375 of 2024 and WP No. 2469312024, pending disposal ot,the above petition. Counsel for the Petitioners : Sri K V Bhanu Prasad Counsel for the Respondent No 1 : Sri Ajay Kumar Madlsetty [Not Present] Counsel forthe Respondent No 2 : Sri Nacharla Murali The Court made the following Order : '7 THE HON'BLE SMT JUSTICE K.SUJANA CML REVISION PETITION No.852 OF 2Cl22 ORDER: This Civit Revision petition is filed by petitioners/ defendants against the order dated 07.O3.2O22 in I.A.No. 187 of 2O2t in O.S.No.227 of 2O2t on the file of the VII Additional Junior Civil Judge _cum_ Judicial Magistrate of First Class, Warangal. By the impugned order, the petition liled by the defendants under Order 7 Rule 11 of CPC seeking to reject the plaint as the suit is barred by. limitation and on the principle of constructive resjudicata, was dismissed by the lrial Court.

2. Heard Sri K.V.Bhanu prasad, learned counsel for the revision peti tioners / plaintiffs and Sri Nancharla Murali, learned counsel for the respondent No.2.

3. Learned counsel revision petitioners/ delendants submitted that trial Court ought to have considered that the land in Survey Nos.132/A and 132/8 is different and Survey No. 132 was divided in the year 1954 itself. Hence, he prayed the Court to allow the Civil Revision Petition.

4. On the other hand, learned counsel for the respondents submitted lhat on instructions submitted that the respondents/ plaintiffs withdraw the suit only to the r 2 s(.5:./ (-RP No.86: ,t/ )02) extent of cancellation of registered sale deed as the only intention o[ the plaintiffs is to restrict the defendants lrom interferrng with the suit schedule property i.e., land situated in Survey No.132/A to an extent of 5.10 guntas at Gorrekunta village, Geesugonda Mandal, Warangal -

5. At this juncture, it is pertinent to note that the plaintiffs hled suit uide O.S.No.227 of 2021 for cancellation of registered sale decds and supplementary <leeds of the defendants and permanent injunction ovcr the suit sche,lule property. It is apparent lhat sale deeds and supplementary deeds of the defendants clearly shows [he Survqy Nuntber as Sy.No.132 /Bll but not Sy.No. l32lA and according to the plaintiffs, they are thc absolute owners ancl possessors of the suit schedule property situated in Sy.No. 132/A Lo an extent of 5.iO guntas at Gorrekunta village, Geesugonda Mandal, Wzrrangal. Hencc, considering the peculiar facts and circumstances of the case, this Court is of the opirrion that the trial has not committed any irregularity or illegality in passing the impugned order dated 07.O3.2O22. However, since the plzrintiffs intends to withdraw the suit to the exr.ent of cancellatron of registered sale deeds and su;lplemcnl:ary deeds of thc defendants, thc trial Court is directed to consider sarnr: and permit him to continue the:;uit filecl by the plaintiffs i.e., O.S.No.227 ot 2O2t only to the extenl of sKs-/ CRP No,962 o[ 2022 seeking permanent injunction over the suit schedule property and dispose of the matter as expeditiously possible

6. Accordingly, the Civil Revision peti[ion is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any pending, shall stand closed Sd/. A.V.S. PRASAD ASSISTANT REGISTRAR \ NOTE : A typographical error occurred in the appearance part with regard to counsels is corrected as Sri Ajay Kumar lvladisetty for Respondent No 'l and Sri Nacharla Murali for Respondenl No 2 with the vakalat's. This order substitutes the earlier order despatched on 13.02.2025. //TRUE COPY// Sd/. A.V.S. PRASAD ASSISTANT REGISTRAR SECTION OFFICER To,

1. The Vll Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Warangal

2. One CC to Sri K V Bhanu Prasad, Advocate IOPUCI 3. One CC to Sri Ajay Kumar Madisetty, Advocate [OPUC] 4. One CC to Sri Nacharla Murali, Advocate [OPUC] 5. Two CD Copies VA/gh > t- HIGH COURT DATED:2310112025 I l, AMENDED ORDER CRP.No.862 of 2022 h rHe s l4 o ( I 6 <,4 15 fIB n25 (f(

2. o Pn rr--'HFi' i o o * DISPOSING OF THE CRP