IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.1566 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 25/08/2008 in WP NO : 18660 OF 2005 on the file of the High Court.) Between: Dintakurthi Pullamma, W/o. Venkata Subbaiah, R/o. Gudivaripalem, Pedacherlopalli Mandal, Prakasam District. ..... APPELLANT AND 1 The Mandal Revenue Officer, Pedacherlopalli Manddal, Pedacherlopalli, Prakasam District. 2 The Revenue Divisional Officer, Kandukur, Prakasam District. 3 Gudipadu Nageswara Rao, S/o. Pedda Yerukalaiah, Hindu, Gudevaripalem Village Post P.C. Palli Mandal, Prakasam District. 4 Arethoti Brahmaiah, S/o. Chinagaiah, Hindu, Gudevaripalem Village Post P.C. Palli Mandal, Prakasam District. 5 Gudipalli Yesu, S/o. Adaiah, Gudevaripalem Village Post P.C. Palli Mandal, Prakasam District. .....RESPONDENT(S) Counsel for the Appellant : MRS.A.VARALAKSHMI Counsel for the Respondent Nos.1 & 2 : GP FOR REVENUE Counsel for the Respondent Nos.3 to 5 : Mr. M.SUBBA REDDY The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.1566 of 2008 ORAL JUDGMENT : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the appellant as well as the learned Government Pleader for Revenue appearing for respondent Nos.1 and 2, and Sri M.Subba Reddy, learned counsel appearing for respondent Nos.3 to 5. 2. This Writ Appeal is directed against the order, dated 25-08-2008, passed by a learned Single Judge of this Court in W.P.M.P.No.22654 of 2008 in W.P.No.18660 of 2005, dismissing the petition filed by the appellant seeking to set aside the exparte order, dated 11-07-2008, vacating the interim stay granted in favour of the appellant in W.P.M.P.No.23734 of 2005, dated 24-08-2005. 3. Having regard to the facts and circumstances stated in the grounds of appeal, the order, dated 25-08-2008, in W.P.M.P.No.22654 of 2008 in W.P.No.18660 of 2005, passed by the learned Single Judge is set aside and the petition filed by the appellant seeking to set aside the exparte order, dated 11-07-2008, vacating the interim stay granted in favour of the appellant in W.P.M.P.No.23734 of 2005, dated 24-08-2005 is allowed. 4. The writ petition is directed to be listed immediately after Pongal Vacation, 2009, subject to part-heard. The interim orders, which were subsisting during the pendency of the writ petition shall be in force. 5. Accordingly, the writ appeal is allowed, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE G.CHANDRAIAH 03-12-2008. Msr. THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.1566 of 2008 03-12-2008 (Msr)