APHC010186542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO: 1616 OF 2025 Petition fifed under Section 115 of C.P.C., aggrieved by the Order dated 07.02.2025, passed in E.P.No. 28 of 2023 in O.S.No. 415 of 2012 by the Hon’ble Civil Judge (Senior Division), Gurazala. Between: Pallapu Venkaiah, S/o. Narasimham, Aged about 62 years, Occ: Cultivation, R/o. Chinthapali Village, Karampudi Mandal, Palnadu District, A.P. ...PETITIONER/J.DR/DEFENDANT AND Nandanannudi Narayana, S/o. Sathyanarayana, Aged about 57 years, Occ; Cultivation, R/o. D.No. 2-24, Masid bazaar, Piduguralla, Palnadu District, A.P. ...RESPONDENT/D.HR/PLAINTIFF lA 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 including delivery of possession in pursuance of orders dated 07.02.2025 in E.P. No. 28 of 2023 in O.S. No. 415 of 2012 the file of Hon’ble Civil Judge (Senior Division), Gurazala. on I ; SRI BHUVANAGIRI SUBRAMANYA Counsel for Petitioner KUMAR, ADVOCATE Counsel for the Respondent: -- The Court made the following ORDER ; APHC010186542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO: 1616/2025 Between: 1.PALLAPU VENKAIAH,, S/0. NARASIMHAM, AGED ABOUT 62 YEARS, OCC- CULTIVATION, R/0. CHINTHAPALI VILLAGE, KARAMPUDI MANDAL, PALNADU DISTRICT, A. ...PETITIONER AND NARAYANA, S/o. Sathyanarayana Aged about 57 1.NANDANAMUDI „ Occ- Cultivation, R/o. D.No. 2-24, Masid bazaar, Piduguralla, years, Palnadu District, A.R ...RESPONDENT Article 227 of the Constitution of India,praying that in the the grounds filed herein,the High Court may be Orders dated 07/02/2025, passed by the Honble Petition under circumstances stated in pleased toAggrieved by the Senior Civil. Judge, Gurazala in E.P. No. 28 of 2023 in O.S. No. 415 of 2012, Petitioner beg to submit the present CRP on the foiiowing grounds amongst other within the time of limitation. the lA 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 may be pleased to stay all further proceedings including delivery of possession in pursuance of orders dated 07.02.2025 in E.P. No. 28 of 2023 in O.S. No. 415 of 2012 on the file of Hon’ble Senior Civil Judge, Gurazala and pass s Counsel for the Petitioner: 1.BHUVANAGIRI SUBRAMANYA KUMAR Counsel for the Respondent: 1. The Court made the following: % THE HON’BLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION No. 1616 of 2025 ORDER:- The Civil Revision Petition has been filed aggrieved by the order dated 07.02.2025 passed in E.P.No.28/2023 in O.S.No.415 of 2012 on the file of the Civil Judge (Senior Division), Gurazala. Consequently, prayed to set-aside the impugned order. 2. Heard Sri.B.Subramanaya Kumar, learned counsel for the petitioner. The petitioner is the Judgment Debtor/Defendant and the respondent is the Decree Holder/Plaintiff in the suit. 3. the petitioner herein has filed a Suit in the file of the Senior Civil Judge, 4. Originally O.S.No.415 of 2012 on Gurazala praying the following reliefs; (a) To grant a decree in favour of the plaintiff by directing the balance sale consideration of the defendant to receive and execute the registered sale deed in favour of the Rs.50,000/- plaintiff in terms of agreement of sale, dated 28.08.2011. (b) The Hon’ble Court is pleased to execute the registered sale deed in favour of the plaintiff on behalf of the defendant, if the defendant refuses to execute a registered sale deed even 2 Tlib after the direction given by the Hon’ble court in terms of agreement of sale dated 28.08.2011, as contemplated under law. (c) To grant costs of the suits. 5. The said Suit was decreed on 18.01.2023, in favour of the plaintiff. Aggrieved thereby, the Judgment Debtor/defendant preferred appeal in A.S.No.22 of 2023 on the file of X Additional Gurazala. Pending appeal, the Decree Holder/plaintiff has filed Execution Petition in E.P.No.28 of 2023, under Order 21 Rule 11 (2) of the Act.V of 1980, against the Judgment Debtor/Defendant praying to issue notice to the Judgment Debtor/Defendant under Order 21 Rule 34(2) C.P.C., with deed of assignment of draft and to execute the regular registered sale deed at the costs of Decree Holder in terms of the Court Decree on behalf of the Judgment Debtor under Order 21 Rule 34 of C.P.C., directing any officer of the court as may be authorized on behalf of the court. Upon hearing both sides, the learned trial court passed the following order; District Judge Engrossed sale deed registered as document No.21083/2024 of S.R.O. Piduguralla. Office is directed to return the original document on filing of certificate of the above said document/registered sale deed. E.P is closed. ” 6. The learned counsel for the petitioner/judgment Debtor contended that the trial court has erroneously disposed the 3 Execution Petition filed by the Decree Holder/plaintiff. The trial court failed to appreciate the fact that the petitioner/judgment Debtor herein has preferred an appeal in A.S.No.22 of 2023 on the file of the X Additional District Court at Gurazala, against the judgment and decree dated 18.01.2023, passed by the Senior Civil Judge, Gurazala. He further submits that the Execution Court has failed to appreciate that the respondent/Decree Holder suppressed the material fact of pendency of appeal in of 2023 and the respondent/Decree Holder has received notice on 17.01.2024 but did not file Vakalat to contest said Appeal Suit. Hence, the Execution Petition ought to be instead of closing the same by engrossing sale deed registered by SRO, Piduguralla. f has A.S.No.22 the dismissed 7. A perusal of the material available on record goes to show Court has closed the Execution Petition No.28 consideration of the fact that the sale deed No.21083/2024 of directed to return the original view of the fact that that the Execution of 2023, taking into has been registered S.R.O.Piduguralla, and also document, by its order dated 07.02.2025, in stay operating against the decree and judgment, dated 18.01.2023, passed by the Senior Civil Judge, Gurazala, in as document there was no favour of Judgment Debtor. 4 JA In our considered view, interference of this Court into the 8. order of the Execution Court is not warranted. Accordingly, the Civil Revision Petition is dismissed. There 9. shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. SD/- M.PRABHAKAR RAO ASSISTANT REGISTRAR // ^ //TRUE COPY// SECTION OFFICER To 1. The Civil Judge (Senior Division), Gurazala, Guntur District. Sri Bhuvanagiri Subramanya Kumar, Advocate [OPUC] 2. OneCCto 3. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 4. Two CD Copies GPC TAC HIGH COURT DATED: 14/08/2025 ORDER CRP NO. 1616 OF 2025 /70 OV 15 SEP 2025 X- m a Current Section ★X DISMISSING THIS CIVIL REVISION PETITION