Andhra Pradesh High Court
CMA/865/2025 of MAGUNTA SREENIVASUKU REDDY Vs MENAKURU PRASANNA KUMAR REDDY on 18 August 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 19TH DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE A . HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL NO: 865 OF 2025 Between: 1. MAGUNTA SREENIVASULU REDDY, S/o. late Magunta Raghava Reddy, aged
APHC010677762025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
WEDNESDAY, THE 19TH DAY OF AUGUST 2026
PRESENT
THE HONOURABLE SRI JUSTICE D RAMESH
THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
CIVIL MISCELLANEOUS APPEAL NO: 865 OF 2025
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1. MAGUNTA SREENIVASULU REDDY, S/o. late Magunta Raghava Reddy, aged 71 years. Member of Parliament, R/o. D.No. 37-1-419 (10), 2nd Line, Rama Nagar, Ongole - 523001, Prakasam District.
2. Magunta Parvathamma,, (Died) W/o. late Magunta Subbarami Reddy, aged 76 years. R/o. D.No. 24-6-33. House of late Magunta Subbarami Reddy (to the west of Archaeological Museum), Saraswathi Nagar, Dargamitta, Nellore-524003.
3. A. Surmalini Reddy,, D/o. late Magunta Subbarami Reddy, W/o. A. Siva Kumar Reddy, aged 56 years, R/o. left of the dead-end house in the lane, adjacent to Black Orchid Restaurant and Bar, Chamiers Road, R.A. Puram, Chennai-600028.
4. M. Mamatha Reddy,, W/o. late Magunta Vijaya Reddy, aged 50 years, R/o. D.No. 24-6-33, House of late Magunta Subbarami Reddy (to the west of Archaeological Museum), Saraswathi Nagar, Dargamitta, Nellore-524003.
5. Magunta Subbaram Reddy,, S/o. late Magunta Vijay Reddy, aged 22 years, R/o. D.No.24-6-33, House of late Magunta Subbarami Reddy Saraswathi Nagar, Dargamitta, Nellore-524003
6. Magunta Snehalatha Reddy,, W/o. late Magunta Sudhakar Reddy, aged 68 years, C/o Magunta Kiran Reddy, Flat No. 1502, One Crest Apartments, Khadar Nawaz Khan Road, Nungambakam, Nungambakam, Chennai-6.
7. Magunta Kiran Reddy,, S/o. late Magunta Sudhakar Reddy, aged 52 years, R/o. Flat No. 1502, One Crest Apartments, Khadar Nawaz Khan Road, Nungambakam High Road In, Nungambakam, Chennai-6.
8. G. Deepthi Reddy, D/o.(L) Magunta Sudhakar Reddy, aged 50 years, C/o Magunta Kiran Reddy, Flat No. 1502, One Crest Apartments, Khadar Nawaz Khan Road, Nungambakam High Road, Chennai-6.
9. Katamreddy Navaneethamma,, W/o. late Katamreddy Subba Reddy, aged 83 years, R/o. D.No. 24-6-34, KVR Petrol Bunk, Main Road, Saraswathi Nagar Dargamitta, Nellore-524003.
10. Puli Ashok Reddy,, S/o. late Rama Krishna Reddy, aged 66 years R/o. D.No.24-2, Saraswathi Nagar, Dargamitta, Nellore-3.
11. Puli Spurthi Nidhi,, D/o. Puli Ashok Reddy, aged 37 years, R/o. D.No.24- 2-284/a, Saraswathi Nagar, Dargamitta, Nellore-3.
12. P. Charan Reddy,, S/o. Puli Ashok Reddy, aged 35 years, R/o. D.No.24- 2-284/a, Saraswathi Nagar, Dargamitta, Nellore-3. ...Petitioners AND
1. MENAKURU PRASANNA KUMAR REDDY, S/o. late Menakuru Sreenivasulu Reddy, aged 68 years, property holder, R/o. Flat No. 10 4th Floor, Manasa Sarovar Apartments, Behind Womens Polytechnic College and Rathnam English Medium School, Saraswathi Nagar, Dargamitta, Nellore-524003. ...Respondent Appeal Under Section_____against orders The above-named Appellants beg to present this Memorandum of Civil Miscellaneous Appeal, aggrieved by the Order dated 06.10.2025, passed in I.A. No. 580 of 2024 in O.S. No. 88 of 2024 on the file of the Court of Honble Principal District Judge, Nellore, for the following, among other IA 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 stay all further proceedings in O.S. No. 88 of 2024 on the file of the Learned Principal District Judge, Nellore, pending disposal of the above C.M.A., and to pass Counsel for the Petitioners: VARREY VENKATA NAGA VISHNU TEJA Counsel for the Respondent C SUBODH The Court made the following order:
JUDGMENT: (Per Hon’ble Sri Justice D.Ramesh) The appellants are the defendants in the suit. The plaintiffs therein filed suit for partition and along with the suit they also filed I.A.No.580/2024 under Order XXXIX Rule 1 and 2 for temporary injunction restraining the respondents from alienating the plaint schedule property during the pendency of the suit.
2. Learned senior counsel appearing on behalf of the appellants has placed his submissions based on various previous litigations i.e. orders passed by different Courts with regard to very particular schedule properties in various other transactions. Surprisingly after perusal of the impugned order at paragraph no.4 and 5, though exhibits A1 to A5 and B1 to B12 are marked, but while allowing the I.A., no discussion or no findings were made with regard to the said documents.
3. Hence this Court is of the opinion that when the documents were marked without any discussion about the said documents, learned District Judge has straight away passed the order. Hence this Court is of the considered opinion that the order has to be set aside.
4. Accordingly, the Civil Miscellaneous Appeal is allowed by setting aside the impugned order dated 06.10.2025 in I.A.No.580/2024 in O.S.No.88/2024 on the file of the Principal District Judge, Nellore and the matter is remanded back for fresh consideration on its own merits
basing on exhibits and other documents. There shall be no order as to costs.
As a sequel thereto, interlocutory applications pending, if any, in this case, shall also stand closed. __________________ JUSTICE D.RAMESH
___________________________________ JUSTICE A. HARI HARANADHA SARMA 17.8.2026 RD
THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
CIVIL MISCELLANOEUS APPEAL No.865 of 2025 17.8.2026 RD