Andhra Pradesh High Court
CRP/617/2026 of VELNTATI AIVARALU Vs VELNATI NAGA STAYANARAYANA on 23 March 2026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO: 617/2026 Between: 1. VELNTATI AIVARALU, W/O. LATE
APHC010083432026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY,THE TWENTY FOURTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
CIVIL REVISION PETITION NO: 617/2026
Between:
1. VELNTATI AIVARALU, W/O. LATE GANGARAO, AGED 66 YEARS, CULTIVATION, RAVIKAMPADU VILLAGE, THONDANGI MANDAL.
2. VELNATI KRISHNA,, S/O. LATE GANGARAO, AGED 42 YEARS, CULTIVATION, RAVIKAMPADU VILLAGE, THONDANGI MANDAL.
3. KODURI VARALAKSHMI,, W/O. LATE GANGARAO, AGED 66 YEARS, CULTIVATION, RAVIKAMPADU VILLAGE, THONDANGI MANDAL.
...PETITIONER(S)
AND
1. VELNATI NAGA STAYANARAYANA, W/O. LATE BHOOLOKAM, AGED 39 YEARS, HOUSE WIFE, RAVIKAMPADU VILLAGE, THONDANGI MANDAL.
2. VELNATI GANGABHAVANI, D/O. LATE BHOOLOKAM, - AGED 20
YEARS, RAVIKAMPADU VILLAGE, THONDANGI MANDAL. (2ND
PLAINTIFF DECLARED AS MAJOR AS PER THE ORDERS IN I. A.
NO. 166 OF 2024 AND 127 OF 2024 DATED 19.3.2024).
...RESPONDENT(S):
Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to allow the above CRP by setting aside the docket order dated 07.01 .2026 passed in O. S. No. 30 of 2015 on the file of XII Additional District Judge at Pithapuram and pass
IA NO: 1 OF 2026
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 of all further proceedings in order dated 07.01.2026 passed in O. S. No 30 of 2015 on the file of XII Additional District Judge at Pithapuram, pending disposal of the above CRP and pass Counsel for the Petitioner(S):
1. T N M RANGA RAO
Counsel for the Respondent(S):
1. M SRI ATCHYUT
The Court made the following:
THE HON’BLE SRI JUSTICE BATTU DEVANAND
CIVIL REVISION PETITION NO.617 OF 2026
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ORDER:
This Civil Revision Petition is filed against the order, dated 07.01.2026 passed in O.S.No.30 of 2015 by the XII Additional District Judge, Pithapuram. The order of the trial Court is extracted herein under:- “ This petition is coming for hearing of claim petitioner/defendants 1 to 3 as to its maintainability. So far the claim petitioner did not turn up to advance their arguments. Further the trial in the main suit was almost concluded. Therefore, the counter claim is rejected”
2. On perusal of the same, it appears that for hearing of the claim petition on the ground of maintainability it is posted to 07.01.2026 and as the claim petitioner did not turned up to advance their arguments and the trial in the main suit was almost completed, the counter claim is rejected. Learned counsel for the petitioners would submit that they are ready to argue the case on the ground of maintainability of the claim petition itself and reasonable opportunity has to be accorded to them to advance their arguments.
3. The learned counsel appearing for the respondents on instructions from the trial Court advocate would submit that if the petitioners are ready to advance their arguments on the issue of maintainability, the same may be considered if the Court satisfied with the submissions of the learned counsel for the petitioners.
4. Considering the facts and circumstances of the case as well as the issue involved in the present suit, in our considered view it is appropriate and reasonable to remand the matter to the trial Court for fresh consideration. The trial Court shall hear the claim petition afresh including the issue of maintainability of the claim petition by affording reasonable opportunity to both the parties and pass appropriate orders in accordance with law, to meet the interest of justice.
5. Accordingly, the Civil Revision Petition is disposed of with the following directions:- “The docket order, dated 07.01.2026 passed in O.S.No.30 of 2015 by the XII Additional District Judge, Pithapuram is set aside. The trial Court is directed to hear both the parties on the issue of maintainability of the claim petition and pass appropriate orders in accordance with law”.
6. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this case shall stand closed.
__________________________ JUSTICE BATTU DEVANAND
Dated: 24.03.2026 TM
THE HON’BLE SRI JUSTICE BATTU DEVANAND
CIVIL REVISION PETITION NO.617 OF 2026
Dated: 24.03.2026 TM