IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE THIRTIETHDAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 1088 OF 2020 Petition filed under Article 227 of the Constitution of India praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to allow the CRP by setting aside the Order dated 24.02.2020 in EP No.34 of 2017 in OS No.41 of 2013 passed by the XIII Additional District Judge, Narsaraopet, Guntur District pending disposal of the CRP. Between: Manchala Ramesh Kumar @ Ravi, S/o.Late Subba Rao, aged 45 years, R/o.No.3-6-63/35/A, Paturu, Nagarjuana Rice Mill Road, Narsaraopet Town and Mandal,Guntur District. ...Petitioner/Judgment Debtor AND 1. Chatta Tirupathaiah, S/o.Obaiah, aged about 67 years, Occ: Retd. Sanitary Supervisor, R/o.D.No.29-107, Ramanuja Kuntam Krishna Nagar, Guntur Town and District. Near ...Respondent/Decree holder 2. Manchala Ashok Kumar, S/o.Subba Rao, aged about 39 years (Died), R/o.At No.3-6-63/35/A, Paturu, Nagarjuana Rice Mill Road, Narsaraopet Town and Mandal, Guntur District. 3. Manchala Kiran Kumar, S/o.Subba Rao, aged about 41 years, R/o.At N0.3-6-63/35/A, Paturu, Nagarjuana Rice Mill Road, Narsaraopet Town and Mandal, Guntur District. 4. Abbu Hari Krishna, S/o.Sivaiah, aged about 35 years, R/o.At No.3-6- 63/35/A, Paturu, Nagarjuana Rice Mill Road, Narsaraopet Town and Mandal, Guntur District. 5. Putta Prakash, S/o.Not known, aged about 52 years, R/o.At No.3-6- 63/35/A, Paturu, Nagarjuana Rice Mill Road, Narsaraopet Town and Mandal, Guntur District. ■■•V s- (Respondents No.2 to 5 are not necessary parties herein) ...Respondents lA NO: 2 OF 2020 Petition filed under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay all further proceedings in EP No.34 of 2017 in OS No.41 of 2013, dated 24.02.2020 passed by the XIII Additional District Judge, Narasaraopet, Guntur District, pending disposal of the CRP. Counsel for the Petitioner :Sri Guttapalem Vijaya Kumar Counsel for the Respondent No.1: Sri Alapati Rohini Srinivas Murthy The Court made the following: APHC010275492020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 1088/2020 Between: ...PETITIONER Manchala Ramesh Kumar @ Ravi AND ...RESPONDENT{S) Chatta Tirupathaiah and Others Counsel for the Petitioner: 1. GUTTAPALEM VIJAYA KUMAR Counsel for the Respondent(S): 1. ALAPATI ROHINI SRINIVAS MURTHY The Court made the following: HON’BLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION No.1088 of 2020 ORDER: This revision petition is filed questioning the delivery warrant dated 24.02.2020 in E.P.No.34 of 2017 in O.S.No.41 of 2013 passed by the XIII Additional District Judge, Narsaraopet, Guntur District. Respondent No. 1 is the plaintiff. The suit O.S.No.41 of 2013 was filed against the Petitioner and Respondent Nos.2 to 5 for recoveryof possession and past profits of Rs.3,30,000/-. The said suit was decreed ex parte vide judgment and decree dated 05.01.2017 as defendants did not contest the 2. I ( suit. Thereafter, the Petitioner filed I.A.No.294 of 2017 seeking to condone the delay of 59 days in seeking to set aside the ex parte order. The said application was dismissed by order dated 05.09.2019 as costs of Rs.300/- were not paid by the Petitioner. Thereafter, the Petitioner filed I.A.No.1317 of 2019 seeking to set aside the default order in I.A.No.294 of 2017. The said application was also said to be dismissed. The order in I.A.No.1317 of 2019 questioning the Order in I.A.No.294 of 2017 remained unchallenged and consequently, the decree in O.S.No.41 of 2013 attained finality. 3. Learned counsel for the Petitioner contended that they had filed CRP.No.2041 of 2017 questioning the E.P. proceedings during the 2 \ pendency of the application seeking for restoration. This revision was also I dismissed for default by order dated 07.11.2019. 4. In view of the dismissal of application in I.A.No.294 of 2017 to condone the delay to set aside the ex parte decree and I.A.No.1317 of 2019 to set aside the same, there is no prohibition for the executing Court to proceed with the execution. 5. Therefore, the impugned delivery warrant dated 20.02.2020 cannot be found fault with and the Civil Revision Petition is dismissed. No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SEC OFFICER To, 1. The XIII Additional District Judge, Narasaraopet, Guntur District, (with records if any) One CC to Sri Guttapalem Vijaya Kumar, Advocate [OPUC] One CC to Sri Alapati Rohini Srinivas Murthy, Advocate [OPUC] The Section Officer, V.R. Section, High Court of Andhra Pradesh at Amaravathi. Three CD Copies 2. 3. 4. 5. BSV sree HIGH COURT DATED:30/01/2025 * V. ORDER CRP.No.1088 of 2020 I* 2 5 FEB 2025 ^ . Current Section * o DISMISSING THE C.R.P. WITHOUT COSTS