LAWS(APH)-2018-1-92

YELETI VENAKTARAO Vs. YELETI RAJA PRASAD

Decided On January 25, 2018
Yeleti Venaktarao Appellant
V/S
Yeleti Raja Prasad Respondents

JUDGEMENT

(1.) The present Civil Revision Petition came to be filed under Art. 227 of the Constitution of India, assailing the order dated 14.09.2017, passed in A.No.881 of 2017 in O.S.No.51 of 2010 on the file of the Principal Junior Civil Judge, Peddapuram, wherein the application filed under Sec. 10 of C.P.C. seeking stay of all further proceedings in the suit till the disposal of ATC 41 of 2000 on the file of the Court of Special Officer for Tenancy cases-cum-Prl.Junior Civil Judge, Peddapuram, was rejected.

(2.) The petitioners filed a suit to declare that the petitioners are entitled to an amount of Rs. 3,750.00, which is in the custody of Revenue Deposits of Tahsildar, Peddapuram, which was deposited under challan No.8111, dated 09.09.2006 relating to MC No.7 of 2005. The defence of defendant Nos.1 and 2 is that they are tenants of the property involved in the suit and they filed ATC No.41 of 2000 for declaration of their tenancy rights and that the present issue is sub-juice in view of O.S.No.7 of 2002, on the file of the Court of Addl.District Judge, Rajamahendravaram, filed by the plaintiffs for declaration of title. It is stated that the decree and order in ATC No.41 of 2000 will have a bearing on the suit wherein the tenancy claimed by defendant Nos.1 and 2 is directly and substantially in issue. Hence prays that the proceedings in the suit be stayed till disposal of ATC No.41 of 2000.

(3.) A counter came to be filed by respondent Nos.1 and 2 disputing the allegations made in the affidavit filed in support of the I.A. It is stated that the averments in the affidavit that the result in ATC will have a bearing on the suit is incorrect and improper. According to him, the suit relates to the revenue deposit of Tahsildar, Peddapuram regarding the attached property in MC No.7 of 2005 and the present ATC is for declaration of the rights.