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2025 DAILYLAW 24433 (AP)

MUDUNURU JAGANNADAHA v. SEERA KRISHNA KISHORE

CRP/1807/2024 · 2025-01-07

Tarlada Rajasekhar Rao

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

.'y IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO aVIL REVISION PETITION NO: 1807 OF 2024 Petition under Section 115 of CPC to aggrieved by the Order dated 01.09.2023 in E.P.No.427 of 2022 in O.S.No.32 of 2014 in the court of the Judge, Family Court-cum-lll Additional District Judge, Vizianagaram. Between: Mudunuru Jagannadaha, S/o. Late Subba Raju, Aged about 79 Residing at Godavari Nagar, Cheepurupalli Village and Mandal, Vizianagaram District. years. ...Petitioner/Respondent/J.Dr./Defendant AND Seera Krishna Kishore, S/o. Satyanarayana, Aged about 51 years. Residing at Kotha Duppada Village, Vizianagaram Mandal and District. ...Respondent/Petitioner lA NO: 2 OF 2024 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 stay of order dt 01.09.2023 in E.P.No.427 of 2022 in r O.S.No 32 of 2014 in the court of the Judge, Family Court-cum-lll Additional District Judge, Vizianagaram pending disposai of the Civil Counsel for the Petitioners:- SMT. T.V SRI DEVI Counsel for the Respondents:- SRI. G. SAI NARAYANA RAO The Court made the following: Revision Petition. THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL REVISION PETITION No. 1807 of 2024 ORDER: The present Civil Revision Petition is filed feeling aggrieved by the order dated 01.09.2023 in E.P. No.427 of 2022 in O.S. No.32 of 2014 on the file of the Judge, Family Court-cum-lll Additional District Judge, Vizianagaram. 2. The E.P. No.427 of 2022 is filed by the Decree Holder against Judgment Debtor, to put the schedule property for sale in the Court auctioned towards realization of decree amount. Learned Family Court Judge-cum-lll Additional District Judge, Vizianagaram, by order dated 01.09.2023 has allowed the E.P. observing that it is not the dispute regarding passing of final decree by the Court on 10.02.2022 in F.D.I.A. No.1 of 2021 in O.S. No.32 of 2014 directing the sale of mortgaged property for realization of decree dated 01.09.2023. Assailing the same, the present Civil Revision Petition is filed under Article 227 of Constitution of India. 3. 4. This Court vide order dated 14.08.2024 granted stay on condition of depositing 50% E.P. amount. Now, the petitioner herein filed affidavit stating that he is facing several financial hardships and he would be able to pay balance of E.P. amount and costs i.e. Rs.41,90,716/-in two installments. The 1"‘ installment of Rs.20,95,358/- 2 nd will be paid on or before 15.02.2025 and the 2 installment of Rs.20,95,358/- will be paid on or before 15.04.2025. In view of the affidavit filed by the Revision Petitioner, the Civil Revision Petition is disposed of directing the petitioner herein to pay the said amount as per the affidavit. If the petitioner fails to deposit any of the installments, the execution Court is directed to proceed according to the order dated 01.09.2023 for the realization of the suit decree amount. 5. As a sequel thereto, interlocutory applications pending, if any, in this Civil Revision Petition, shall stand closed. There shall be no order as to costs. SDI- SHAIK MOHD. RAFI ASSISTANT REGISTRAR SECTION OFFICER ' //TRUE COPY// To, \ 1. The Judge, Family Court-cum-lll Additional District Judge, Vizianagaram. 2. One CC to Smt. T.V. Sri Devi, Advocate [OPUC] 3. One CC to Sri. G. Sai Narayana Rao, Advocate [OPUC] 4. Three C.D Copies. ssl sree N HIGH COURT DATED:07/01/2025 A ORDER CRP.NO.1807 OF 2024 DISPOSING OF C.R.P. WITHOUT COSTS