VEGESNA VENKATA SATYANARAYANA RAJU v. ALLURI RAVIVARMA
CRP/818/2025 · 2025-05-08
B Krishna Mohan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12457 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12457 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CIVIL REVISION PETITION NO: 818 OF 2025 Petition under Article 227 of the Constitution of India, filed against the I.A.No.687 / 2024 IN A.S.No.175 of
Order passed in I.A.No.185 / 2025 in 2024, Dated 10-02-2025 Judge, Kakinada, East Godavari District on the file of court of the VI Additional District Between: Vegesna Venkata Satyanarayana Raju, S/o Late Subbaraju, Aged 80 Years Occ Retired Army man, R/o D.No. 2-32, Vempadu, Kalla Mandalam, Bhimavaram, East Godavari District. ...Revision Petitioner/Appellant/Defendant AND Alluri Ravivarma, S/o Late Narasimharaju, Aged Employee, R/o D.No 67-10-4/2, T Ashoknagar, Kakinada, East Godavari District 67 Years, Occ Retired Plot No.GI, Prakash Royal Apartment ...Respondent/Respondent/Plaintiff lA NO: 1 OF 202^ Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be
r pleased to permit the revision petitioner / appellant / defendant to deposit Ath of the decreetal amount in view of the conditional order dt.09.08.2024 passed in I.A.No.687/2024 in A.S. No. 175/2024 on the file of VI Additional District Judge Court with costs by considering my age and condition and also my inability to secure the amount immediately.
lA NO: 2 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 suspend the docket order dt. 10-02-2025 passed in lA. No. 185 of 2025 in I.A.No.687 of 2024 in A.S. No. 175 of 2024 on the file of the VI Additional District Judge, Kakinada consequently by extending the stay
order dated 04.12.2024 passed in I.A.NO.687/2024 in A.S. No. 175/2024 the file of the VI Additional District Judge, Kakinada, during pendency of this revision petition in the interests of justice otherwise the revision petitioner / appellant / defendant will be put to irreparable loss . Counsel for the Petitioner on : SRI. K VVIJAYA KUMAR Counsel for the Respondents: SRI. A K KISHORE REDDY The Court made the following:
APHC010147012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CIVIL REVISIONPETITION NO: 818/2025 Between: Vegesna Venkata Satyanarayana Raju ...PETITIONER AND Alluri Ravivarma ...RESPONDENT Counsel for the Petitioner:
1.KVVIJAYA KUMAR Counsel for the Respondent:
1.AKKISHORE REDDY The Court made the following:
2 HBKMJ C.R.P.No.818of2025 The Court made the following:
ORDER: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the petitioner and the learned counsel for the respondent.
2. This revision is filed against the order passed in I.A.No.185 of 2025 in I.A.No.687 of 2024 in A.S.No.175 of 2024 on the file of VI Additional District Judge, Kakinada, dated 10.02.2025.
3. The learned counsel for the petitioner submits that aggrieved by the
judgment and decree passed in O.S.No.142 of 2021 on the file of Principal Senior Civil Judge, Kakinada, dated 09.08.2024, the defendant/ petitioner herein preferred an appeal in A.S.No.175 of 2024 on the file of VI Additional District Judge, Kakinada and he also filed I.A.No.687 of 2024 in it seeking stay of execution of the judgment and decree of the trial Court. The lower appellate Court vide order dated 04.12.2024 stayed the execution of judgment and decree of the trial Court dated 09.08.2024 subject to depositing 1/4‘^ of the decretal amount along with the suit costs on or before 03.01.2025. Aggrieved by the same, he filed the earlier C.R.P.No.3249 of 2024 and the same was dismissed by this Court vide order dated 11.03.2025. 4. The learned counsel for the petitioner submits that during the pendency of the suit there was an attachment before judgment of the properties of the defendant and in the above said appeal also the appellant brought to the
3 HBKMJ I C.R.P.No.818 of 2025 notice of the lower appellate Court about the attachment before judgment orders of the trial Court and requested to continue the same instead of depositing any quantum of suit amount. However, negativing the plea of the appellant, the lower appellate Court passed the above said order and though the same contention was canvassed in the earlier C.R.P., it was dismissed confirming the order passed by the lower appellate Court in I.A.No.687 of 2024 in A.S.No.175 of 2024, dated 04.12.2024. In those circumstances there was no other go, the petitioner herein/ appellant therein filed the above said I.A.No.185 of 2025 in I.A.No.687 of 2024 in A.S.No.175 of 2024 before the lower appellate Court seeking extension of time to deposit 1/4‘^ of the suit amount along with costs, but the same was dismissed on the ground that it is nothing but adopting delaying tactics. Against which, the present revision is filed. Since the issue of ordering deposit of 1/4*'' decretal amount has become final, this Court is not inclined to interfere with the same.
However, the petitioner herein is given a final opportunity to deposit the 1/4 amount along with the suit costs within a period of two months from today to the credit of A.S.No.175 of 2024 on the file of VI Additional District Judge, Kakinada and upon compliance of the same, the further proceedings shall in accordance with law before the lower appellate Court. With regard to the withdrawal of the suit deposit, it is left open for the lower appellate Court to pass appropriate orders on hearing both the parties. as th decretal go on
5. Accordingly, thisCivil Revision Petition isdisposed of. There shall be
order as to costs. no
4 HBKM,J C.R.P.No.818of2025 As a sequel, Interlocutory Applications pending, if any, shall stand closed.
Sd/- U SRIDEVI ASSISTANT REGISTRY //TRUE COPY// SECTION OFFICER To,
1. The VI Additional District Judge, Kakinada, East Godavari
2. One CC to Sri K V Vijaya Kumar Advocate [OPUC]
3. One CC to Sri A K Kishore Reddy Advocate [OPUC]
4. Three CD Copies District Psr sree
’0 HIGH COURT DATED:09/05/2025 \
ORDER CRP.No.818 of 2025 g 16 JUN 7m s .Co ^.. Curreni ^secuun .
DISPOSING THE C.R.P.
WITHOUT COSTS