■I APHC010343362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO ~ CIVIL REVISION PETITION No.1674 of 2n2fi Petition under Section 115 of C.P.C, is filed being aggrieved by the conditions imposed in (b), (c) and (d) in the operative portion of Order and Decree dated 06.05.2025 in I.A.No.2440 of 2024 in A.S.No.166 of 2024 in the court of the Principal District Judge, Visakhapatnam, Visakhapatnam District. Between: 1. Sri Sailatha School, Represented by its Head Mistress, Ground Floor, and 1®‘ Floor, Visakhapatnam-530011. 2. Sri Sailatha Balavikas Educational Society, Represented by its Secretary, Y.Ramlal Mithra Malkapuram, Visakhapatnam-530011. 3. Smt Kaniketi Sailaja, W/o Kaniketi Anil Kumar, Aged about 42 residing at Door No.71-31-301 Visakhapatnam-530011. Door No.71-31-595/1, Kranthi Nagar, Malkapuram Door N0.71-31-293/B, Durga Nagar, years, Trinadhapuram, Malkapuram, 4. Ramlal Mithra, S/o Buddi Maleswara Rao, Aged about 42 years. Residing at Door No.71-31-293/B, Durga Nagar, Malkapuram, Visakhapatnam-530011. ...Petitloners/Petitioners/Appellants/Defendants AND Smt Kaniketi Eswari @ Eswaramma, W/o Sri Kaniketi Bala, Aged about and 3'"^ Floors of Building Door No. 71-31- nd 44 years, Resident of 2 595/1, Kranthi Nagar, Malkapuram, Visakhapatnam-530011. ...Respondent/ Respondent/ Respondent/Plaintiff lA NO: 1 OF 2025 Petition under Section 151 of CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of conditions b), c) and d) imposed in the operative portion of the Order and Decree dated 06.05.2025 in I.A.No.2440 of 2024 in A.S.No.166 of 2024 in the court of the Principal District Judge, Visakhapatnam pending the above Civil Revision Petition. Counsel for the Petitioners ; Smt. T V Sri Devi Counsel for the Respondent : Sri Venkata Srujan Vegi The Court made the following order: % APHC010343362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0:^0 [3206] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 1674/202.6 Between: 1.SRI SAILATHA SCHOOL. REPRESENTED BY ITS HEAD MISTRESS, GROUND FLOOR, AND 1ST FLOOR KRANTHI NAGAR, MALKAPURAM, VISAKHAPATNAM-530011. 2.SRI SAILATHA BALAVIKAS DOOR NO.71-31-595/1 EDUCATIONAL REPRESENTED BY ITS SECRETARY, Y.RAMLAL MITHRA, DOOR N0.71-31-293/B, SOCIETY DURGA VISAKHAPATNAM-530011. NAGAR, MALKAPURAM 3.SMT KANIKETI SAILAJA,, W/0 KANIKETI ANIL KUMAR ABOUT 42 YEARS, RESIDING AT DOOR TRINADHAPURAM, MALKAPURAM, VISAKHAPATNAM-530011. 4. RAMLAL MITHRA,, S/0 BUDDI MALESWARA RAO, AGED ABOUT 42 RESIDING AT DOOR N0.71-31-293/B DURGA NAGAR, MALKAPURAM, VISAKHAPATNAM-530011. AGED NO.71-31-301 YEARS. ...PETITIONER(S) AND 1.SMT KANIKETI ESWARI ESWARAMMA, W/o Sri Kaniketi Bala, Aged about 44 years. Resident of 2nd and 3rd Floors of Building Door No. 71-31-595/1, Kranthi Nagar, Malkapuram, Visakhapatnam-530011. ...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 pleased topleased to set aside the conditions imposed in (b), (c) and (d) in 7^* 2 RRR,J C.R.P. No. 1674 of 2025 the operative portion of Order and Decree dated 06.05.2025 in I.A.No. 2440 of 2024 in A.S.No. 166 of 2024 in the court of the Principal District Judge, Visakhapatnam and pass 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 Pleased to grant stay of conditions b), c) and d) imposed in the operative portion of the Order and Decree dt 06.05.2025 in I.A.No. 2440 of 2024 in A.S.No. 166 of 2024 in the court of the Principal District Judge, Visakhapatnam pending the above Civil Revision Petition and Counsel for the Petitioner(S): 1.T VSRI DEVI Counsel for the Respondent: 1 .VENKATA SRUJAN VEGI pass 3 RRR,J C.R.P. No. 1674 of 2025 The Court made the following Order: The respondent herein, had filed O.S.No.1528 of 2011 on the file of the learned II Additional Civil Judge (Senior Division), Visakhapatnam, for eviction of the petitioners from the Suit Schedule Property, payment of rent, payment of arrears of rent, payment of damages for unauthorized dues of the Suit Schedule Property and for costs along with the interest. 2. This Suit came to be allowed, on 18.06.2024. Aggrieved by the said and decree, the petitioners moved A.S.No.166 of 2024 before the judgment learned Principal District Judge, Visakhapatnam. Along with this Appeal, the moved I.A.No.2440 of 2024, for stay of operation of the judgment dated 18.06.2024, pending disposal of the Appeal. petitioners and decree. learned Principal District Judge, Visakhapatnam, by an Order 3. The dated 06.05,2025, in I.A.No.2440 of 2024, had granted stay of operation of the dated 18.06.2024, subject to compliance of conditions judgment and decree ‘b to e’ of paragraph No.1. The learned Principal District Judge Visakhapatnam, had also stipulated that failure to adhere to conditions b to e would result in the order of stay being treated as a non est order. 4. Aggrieved by this Order, dated 06.05.2025, the petitioners have moved the present Civil Revision Petition. Smt. T. V. Sri Devi, learned counsel appearing for the petitioners would contend that, there is a serious dispute as to the title to the property and that 5. 4 RRR,J C.R.P. No. 1674 of 2025 owner of the property, had not demonstrated in any manner her title and ownership over the property. the respondent, who claimed to be the 6. Smt. T. V. Sri Devi, learned counsel appearing for the petitioners would also contend that the Suit Schedule Property, in which a School is being was purchased by the petitioners and petitioners 3 & 4, by way of an Agreement of Sale. She run. more specifically, the mother of the would further contend that, in such circumstances, the condition of'd' in the Order of e'" May, 2025, requiring the petitioners to deposit rent of Rs. 10,000/- per month with annuai increase of 10% from the date of suit tiii the date of eviction, is clearly an onerous condition especially in view of the dispute as to the title to the property. 7. Sri N. Subba Rao, the learned Senior Counsel Sri Venkata Srujan Vegi, learned counsel draw the attention of this Court to Ex.A15. appearing on behalf of appearing for the respondent, would This exhibit is the Income Tax Return of the 2""' petitioner - Society, in which the expenses, declared return, included rent of Rs.84,000/- being paid per year. Further, the balance sheet contained in the Ex.A15, also recorded that in the a sum of Rs.7,000/- is due as rent. The learned Senior Counsel would further contend that, this Income Tax Return is sufficient to demonstrate that rent to the respondent herein was being paid to the respondent herein. 8. The learned Senior Counsel, would contend that, the Agreement of , Sale, on the basis of which title is claimed by the petitioners IS on a stamp 5 RRR,J C.R.P. No. 1674 of2025 paper, dated 18.05.1995, which is said to have been sold by Smt. C. K. Laxmi. EX.A23, the District Registrar, Visakhapatnam, in reply to a query by the respondent, had stated that, a stamp vendor by name Smt. C. K. Laxmi, had been registered and licensed as a stamp vendor only from 30.03.1998. The learned Senior Counsel, would contend that, in such circumstances, it would be clear that there is no title available to the petitioners over the Suit Schedule Property in the present case. 9. This Court, does not propose to give any findings on these contentions in as much as any finding given by this Court would affect disposal of the Appeal. 10. However, this Court would go by the wholesome principle of following past Custom and Convention of this Court of granting stay of operation of decree for money, by stipulating that 50% of the said decretal amount should be paid out, for grant of stay. 11. Accordingly, the Order of the learned Principal District Judge, Visakhapatnam, dated 06.05.2025, in I.A.No.2440 of 2024, is modified to the extent of directing payment of the amounts set out in conditions ‘b to e’ on or before 22.08.2025. However, the direction to pay Rs. 10,000/- per month with annual increase of 10% from the date of the suit set out in condition ‘d’ shall stand modified to the payment of 50% of the said amount which would be payable till today. The amounts directed by the learned Principal District Judge, Visakhapatnam in future shall be @ 10,000/- per month with 10% &L1? 6 RRR,J C.R.P. No. 1674 of 2025 annual increase. The said amounts deposited in the Court can be withdrawn for 50% of the amount so withdrawn, be that of third parties, to the satisfaction of the by the decree holder with security given The said security can Appellate Court. In view of the disputes raised in the present Civil Revision Petition and of the fact that the Appeal had already is of the year, 2024, it direct the learned Principal District Judge, 12. also in view would be appropriate to Visakhapatnam to dispose of this Appeal, at the earliest and preferably within a period of three (03) months from the date of receipt of this order. Accordingly, this Civil Revision Petition is disposed of. There shall be no 13. order as to costs. sequel, pending miscellaneous applications, if any, shall stand As a closed. Sd/- B CHITTI JOSEPH GISTRAR ASSISTANT //TRUE COPY// SECTION OFFICER To principal District Judge, Visakhapatnam, Visakhapatnam District. 1. The 2. One CC to Smt. T V Sri Devi, Advocate [OPUC] 3. One CC to Sri Venkata Srujan Vegi, Advocate [OPUC] 4. Two CD Copies TK sree y HIGH COURT DATED:01/08/2025 ORDER CRP No.1674 of 2025 gT 2 0 AUG 2025 jn V<NQii!Z«nt SectiQDXv^ Co DISPOSING OF THE CIVIL REVISION PETITION WITHOUT COSTS