VADDHIPARTHY SREEDEVI v. NERELLA ADINARAYANA MURTHY
CRP/1297/2025 · 2025-07-23
A Hari Haranadha Sarma, B Krishna Mohan
body2025
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[ 2025 DAILYLAW 18008 (AP) · dailylaw.ai ]
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[ 2025 DAILYLAW 18008 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010248872025
IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE CIVIL REVISION PETITION NO: 1297/2025 Between:
1. VADDHIPARTHY SREEDEVI, W/O LATE VADDHIPARTHY BHAGAVAN AGED ABOUT 49 YEARS, R/AT FLAT NO. 213, SAL DURGA APARTMENTS, OPPOSITE HMT NAGAR, NACHARAM ROAD, HYDERABAD
1. NERELLA ADINARAYANA MURTHY, S/o Late N. Satya Rao aged about 53 years, R/at D. No. 28 Junction, Visakhapatnam. Petition under Article 227 of the Constitution of India,praying that in th circumstances stated in the grounds filed herein,the High Court may be pleased toThe above-named petitioner begs to present this Memorandum of Civil Revision Petition against the order dated 28.02.2025 vide E. P. No. 506 of 2024 in Award No. 1 of 2023 Visakhapatnam, for the following among other IA 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 dispense with the filing of the Certified Copies of the orders in E.P. No. 506 of 2024 dated 28.02.2024 passed by the Principal District Judge at IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL REVISION PETITION NO: 1297/2025 VADDHIPARTHY SREEDEVI, W/O LATE VADDHIPARTHY BHAGAVAN AGED ABOUT 49 YEARS, R/AT FLAT NO. 213, SAL DURGA APARTMENTS, OPPOSITE HMT NAGAR, NACHARAM ROAD, HYDERABAD - 500076. ...PETITIONER AND NERELLA ADINARAYANA MURTHY, S/o Late N. Satya Rao aged about 53 years, R/at D. No. 28-2-64/1, Main Road, Jagadamba Junction, Visakhapatnam.
...RESPONDENT Petition under Article 227 of the Constitution of India,praying that in th circumstances stated in the grounds filed herein,the High Court may be named petitioner begs to present this Memorandum of Civil Revision Petition against the order dated 28.02.2025 vide E. P. No. 506 of 2024 in Award No. 1 of 2023 on the file of the Principal District Judge at Visakhapatnam, for the following among other 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 dispense with the filing of the Certified Copies of the orders in E.P. No. 506 of 2024 dated 28.02.2024 passed by the Principal District Judge at IN THE HIGH COURT OF ANDHRA PRADESH [3527] TWENTY FOURTH DAY OF JULY THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN A. HARI HARANADHA SARMA
VADDHIPARTHY SREEDEVI, W/O LATE VADDHIPARTHY BHAGAVAN AGED ABOUT 49 YEARS, R/AT FLAT NO.
213, SAL DURGA APARTMENTS, OPPOSITE HMT NAGAR, NACHARAM ...PETITIONER NERELLA ADINARAYANA MURTHY, S/o Late N. Satya Rao aged 64/1, Main Road, Jagadamba ...RESPONDENT 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 named petitioner begs to present this Memorandum of Civil Revision Petition against the order dated 28.02.2025 vide E. P. No. 506 on the file of the Principal District Judge at 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 pleased to dispense with the filing of the Certified Copies of the orders in E.P. No. 506 of 2024 dated 28.02.2024 passed by the Principal District Judge at
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Visakhapatnam and permit the Petitioner to file the pursue the present Memorandum of Civil Revision Petition with the copy of the orders in E.P. No. 506 of 2024 dated 28.02.2024 passed by the Principal District Judge at Visakhapatnam acquired from the E-Courts Services and pass IA 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 pleased to grant stay of all further proceedings pursuant to the orders dated 28.02.2025 vide E.P. No. 506 of 2024 in Award No. 1 of 2023 on the file of the Principal District Judge at Visakhapatnam pending the adjudication of the present Memorandum of Civil Revision Petition and pass s Counsel for the Petitioner:
1. A S C BOSE Counsel for the Respondent:
1. YELLATI NAGA SRINIVAS
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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 E.P.No.506 of 2024 in Award No.1 of 2023 on the file of Principal District Judge, Visakhapatnam, dated 28.02.2025 allowing the said E.P. by directing the judgment debtor to execute the registered sale deed on or before 20.03.2025 by receiving demand draft for Rs.22,43,900/- failing which the decree holder may proceed with the E.P. to get the registration of the schedule property as per law.
3. The learned counsel for the petitioner submits that aggrieved by the award in Arbitration Dispute No.1 of 2023 (arbitration application No.30 of 2022), dated 30.03.2024, the petitioner herein/judgment debtor filed A.R.O.P.No.28 of 2024 on 14.05.2024 before the District Judge-cum- Appellate Arbitration Tribunal, at Visakhapatnam, under Section 34 of the Arbitration Act. Though the said A.R.O.P. is pending, the learned District Judge proceeded with the E.P.No.506 of 2024 in Award No.1 of 2023 and passed the order dated 28.02.2025, which is assailed in this revision petition. But, the petitioner herein/judgment debtor also filed an I.A. on 24.03.2025 in the above said A.R.O.P., seeking stay of all further proceedings pursuant to the above said arbitration award dated 30.03.2024, under Section 36 of the Arbitration Act. But the same is not considered by the learned District Judge, in view of the impugned order dated 28.02.2025 of this revision petition.
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4. On the other hand, the learned counsel appearing for the respondent/decree holder also submits that the decree holder is ready with the deposit of the amount by depositing the same and even if the A.R.O.P. is
disposed of by the learned District Judge on merits as per law the respondent has no objection.
5. In view of the above said facts and circumstances, the learned District Judge is directed to dispose of the A.R.O.P.No.28 of 2024, as expeditiously as possible, preferably, within a period of four (4) months from the date of receipt of this order, strictly on its own merits, by giving due opportunity to both the parties to contest the same. Pending disposal of the said A.R.O.P., there shall not be any execution of the sale deed, as per the order in E.P.No.506 of 2024 in Award No.1 of 2023 dated 28.02.2025. Subject to the outcome of the A.R.O.P. only, further orders can be passed in the execution petition by the same executing Court in accordance with law.
6. Accordingly, this Civil Revision Petition is disposed of. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, shall stand closed.
_________________________ JUSTICE B KRISHNA MOHAN
_________________________________ JUSTICE A.HARI HARANADHA SARMA
24.07.2025 MDP