HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE IN THE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 1834 OF 2023 Petition under Section 114 of C.P.C is fiied against the order dated on the file of the 08.12.2022 in E.P.No.43/2020 in O.S.No.184/2012 Judge-cum-Judicial First Class Magistrate Principal Junior Civil Narsipatnam. Between; Kuparaia Giri Govardhana Pardha Saradhi, S/o.Appala Konda, Aged 46 years, Occ. Teacher M.P.U.P School, Vemulapudi R/o.D.No.31-35, Near Petrol Bunk Santhi Nagar, Narsipatnam Visakhapatnam District Reliance ...PETITIONER AND Kapil chits (kosta) PVT. LTD., Having its Regd. Office at 3-1-631, other Branches And Branch 1. M/s. Vijaya Raghunandan Nagar, having among office at Door No.20-200, Aditya Complex First floor. Near State Bank of Main Road, Narispatnam Visakhapatnam District, Rep. by its Officer K.Lavanya kumar, S/o. V.S.N. Murthy, aged 27 years India, Legal Resident of Visakhapatnam. W/o. Sudarsana Rao, Aged 60 years, Housewife Prasanthi Nagar Bank Colony, Balighattam, Narsipatnam 2. Gogada Aseervadam D.No.2-13/1, Mandal (died) S/o. Prasada Rao Aged 53 years, Occ. Teacher MPP School, Ravanapalli, Golugonda Mandal, Visakhapatnam Dist., R/o. D.No. 15-30/2, K.D.Peta, Golugonda Mandal. 3. Vadaganti Baburao 4. Gadgana Satyanarayana, S/o.Appala Naidu Aged 60 years, Occ. Primary School Chittemapadu Village, Koyyuru Mandal Teacher, Govt. R/o. D.No. 14/32/09, Near Market, Backside Sai baba Temple Narsipatnam, Visakhapatnam District. 5. Majji Satyavathi, D/o. M.Jamaraju Aged 45 years, Occ. Teacher, Govt. School P.G.palem, Koyyuru Mandal R/o. D.No. 15/71,5 Road Primary Junction Narsipatnam, Visakhapatnam District. Rao, S/o. Late Appala Swamy Aged 68 years, Retd. Teacher R /o. D.No.13/1, Bank Colony, Prasanthi Nagar Balighattam, Narsipatnam Mandal, Visakhapatnam Dist. 6. Gogada Sudarsan ...Respondents No.2 to 7/JDR 1 to 4 & JDR 6 Education Officer, O/o The MEO Narsipatnam Mandal Anakapalli district. 7. Mandal ...Garnishi/Respondent (Respondents 2 to 6 are EO nominee parties) lA NO: 2 OF 2023 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 grant leave to file the C.R.P by suspending the impugned order J passed by the Principal Junior Civil Judge Court at Narsipatnam m E.P.No.43/2020 in O.S.No.184/2012 pending disposal main C.R.P Petitioner(s):SRI. S V R SUBRAHMANYAN! Counsel for the Respondents: SRI SIREESHA RANI VALLABHANENI The Court made the following: ORDER Counsel for the 4 high court of ANDHRA PRADESH at AWIARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWELFTH DAY thousand and twenty five PRESENT honourable SRI JUSTICE NYAPATHY VIJAY PFVISIQN PET'TIHM NO: 1834/20^ APHC010326692023 IN THE [3460] TWO THE CIVIL Between; ...PETITIONER Kuparala Giri Govardhana Pardha Saradhi AND ...RESPONDENT(S) M/s Kapil Chits Kosta Pvt Ltd and Others Counsel for the Petitioner: 1.SVRSUBRAHMANYAM Counsel for the Respondent(S): .SIREESHA RANI VALLABHANENl The Court made the following. 1 HONOURABLE SRI JUSTICE NYAPATHY VIJAY rivu revision petition Nq.1834 of 2013 THE ORDER: The Civil Revision Petition is filed aggrieved by the Order O.S.No.184of2012 passed 1. dated 8.12.2022 in E.P.No.43 of 2020 in by the Principal Junior Civil Judge, Narsipatnam. J.Dr.No.5. A suit was filed by the Limited, vide O.S.No.184 of 2012 due to the Plaintiff by the Defendant 16.11.2016. Subsequently, The Petitioner herein is the Plaintiff—Kapil Chit Funds Private for recovery of the amounts 2. Nos. 1 to 6. The suit was decreed on filed for Rs.1,52,293/-. An objection was E.P.No.43 of 2020 was the ground that the by the Petitioner herein/JDr.No.5 on raised Plaintiff i.e., Kapil Chit Funds Private Limited is not in existence any by overruling the objection raised by the more. The Executing Court herein allowed the EP Hence, the Present Civil Revision Petition. vide Order dated 08.12.2022. Petitioner learned counsel for the Heard Sri S.V.R.Subrahmanyam - i Sireesha Rani Vallabaneni, learned counsel for the 3. Petitioner and Sri Respondents. Petitioner pointed that the impugned Kapil Chits (Kosta) Private Limited, Learned counsel for the order shows the name of M/s 4. 3 different entity than the Plaintiff and submitted that even the original Plaintiff i.e., M/s Kapil Chit Funds Private Limited is not inexistence. 5. Learned counsel for the respondents submitted that the cause title in the impugned Order showing Kapil Chits (Kosta) Private error and that they are taking steps to seek for which is a Limited is an rectification of the same. of the learned counsel for the As regards the contention that M/s Kapil Chits Private Limited is not in existence, learned counsel for the Respondents submitted that the name of the company i.e., M/s Kapil Chit fund Private Limited was changed to 6. Petitioner Private Limited with effect from Certificate of Incorporation pursuant to change of per the Company Rules, 2014 was filed along with the M/s Kapi Consultancy Services 23.06.2014 and a name as Memo. 7. Even going by the contention of the respondents that there is of the original Plaintiff as on the date of a change in the name institution of the Execution Petition and the Executing Court did not examine these aspects; 4 Therefore, it would be appropriate to remand the matter to the Executing Court for fresh consideration with regard to the objections raised by the Petitioner by setting aside the impugned Order. Accordingly, the Civil Revision Petition is allowed and the Order dated 8.12.2022 in E.P.No.43 of 2020 in O.S.No.184 of 2012 the file of the Principal Junior Civil Judge, Narsipatnam, is hereby set aside and remand the matter to the Executing Court for fresh consideration with regard to the objections raised by the Petitioner. There shall be no order as to costs. 8. on As a sequel, miscellaneous petitions, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Civil Judge (Junior Division) —cum —Judicial First Class Magistrate Narsipatnam Visakhapatnam District 2. One CC to Sri. S V R Subrahmanyam Advocate [OPUC] 3. One CC to Sri. Sireesha Rani Vallabhaneni Advocate [OPUC] 4. The Section Officer, V.R Section, High Court of Andhra Pradesh. 5. Three CD Copies vna HIGH COURT DATED:12/02/2025 ORDER CRP.No.1834 of 2023 * 0 6 MAR 2075 m *2: * Current beciion * ^!5!S^SPATCW^?-^ ALLOWING THE CIVIL REVISION PETITION WITHOUT COSTS