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2025 DAILYLAW 26897 (AP)

Moola Ramabhupat Reddy v. Kummara Jaya Ramudu

CRP/1855/2025 · 2025-07-31

B S Bhanumathi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010381242025 COURT OF ANDHRA PRADESH at ANIARAVATI IN THE HIGH FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT MS JUSTICE B S BHANUMATHl THE HONOURABLE rfvisION petition NO: 1855 OF 2025 CIVIL of India, Aggrieved by the the file of the Junior Civil under Article 227 of the Constitution Petition -disposal I.A No.44/2025 in O.S.No.156/2025 on Judge, Banaganapalle, Kurnooi District. non Between: Lakshmi Reddy, Aged 45 Years, .Chennampalle Village, Kolimigundla Moola Ramabhupal Reddy, S/o Rama Occupation; Agriculturist, R/o S. Mandal, Nandyal District. ...petitioner/petitioner/plaintiff AND Pedda Ramanna, Aged 55 R/o B.Uppaluru Village, Jaya Ramudu, S/o Kummara , Occupation-. Agriculturist and Business Kummara years Kolimigundla Mandal, Nandyal District. ...respondent/respondent/defendant lA NO: 1 OF 2025 that in the 38 Rule 5 of C.P.C., praying support of the petition, the High Petition under Order circumstances stated in the affidavit filed in Court may be pleased to grant a conditional attachment of petition schedule property mentioned in I.A.No.44/2025 in O.S.No. 156/2025 on the file of Jr.Civil Judge Court, Banaganapalle. Counsel for the Petitioner : SRI CHANDRA SEKHARA REDDY. S Counsel for the Respondent: NONE APPEARED The Court made the following ORDER : APHC010381242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Friday, the First Day of August Two Thousand and Twenty Five Present The Honourable MsJustice B.S.Bhanumathi Civil Revision Petition No: 1855 of 2025 Between: ...Petitioner Moola Ramabhupal Reddy and ...Respondent Kummara Jaya Ramudu Counsel for the petitioner: I.S.Chandra Sekhara Reddy Counsel for the Respondent: 1. Nil The Court made the following Order: The Civil Revision Petition is filed under Article 227 of Constitution of India against non-disposal of I.A No.44 of 2025 in O.S.No.156 of 2025, on the file of the Court of Junior Civil Judge, Banaganapalle, Kurnool District. The learned counsel for the revision petitioner submitted that the trial Court failed to exercise its jurisdiction to order conditional attachment or even show cause notice, inspite of filing documents to show that the respondent / defendant has been alienating the properties as can be seen from the alienations made on 05.07.2025 and that 3'^^ party affidavit had been filed. He further submitted that unless order of attachment is granted, the petitioner 2. C.R.P.No.1855 of2025 2 cannot realise the decreetal amount, if the respondent alienates his remaining properties as well. 3. Perused the record. In view of the above circumstances, since it is a fit case to issue conditional order of attachment, but as urgent notice has already been ordered by the trial Court, this Court directs conditional order of attachment of the petition schedule properties giving 24 hours time from the time of service of notice to the respondent to furnish security to the extent of the suit claim or show cause why attachment cannot be made, failing which, to attach the petition schedule properties. The trial Court is directed to issue such notice and take further proceedings pursuant thereto. 4. Accordingly, the revision petition is disposed of. There shall be no order as to costs. 5. Pending miscellaneous applications, if any, shall stand closed. SD/- K.J.RAJABABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Junior Division): Banaganapalle, Kurnool District. 2. One CC to Sri Chandra Sekhara Reddy. S Advocate [OPUC] 3. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 4. Two CD Copies SAM TAC HIGH COURT DATED:01/08/2025 ORDER CRP No. 1855 of 2025 ^^jroFANO^ C» I >>' AOu 2075 S Curreni Section DISPOSING OF THE CRP