APHC010404722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Tuesday, the Fifth Day of August, Two Thousand Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Civil Revision Petition No.1971 of 2025 Between: Dindukurthi Ramprasad ...Petitioner and V. Pradeep Kumar ...Respondent Counsel for the petitioner: 1. Vivekananda Virupaksha Counsel for the respondent: Nil The Court made the following order: This revision petition is filed under section 115 of C.P.C. challenging the order dated 31.07.2025 in E.P.No.02 of 2019 in P.L.C.No.3030 of 2015 on the file of the Court of Principal District and Sessions Judge, Kurnool. E.P.No.02 of 2019 was filed under Order XXI, Rules 34 and 35 r/w. Section 151 of C.P.C. to execute the registered sale deed in favour of D.Hr. basing on award of Lok Adalat dated 04.08.2015. The execution petition in respect of the property shown in E.P. schedule is as follows: 2 BSB,J C.R.P.No.1971 of 2025 Schedule: Plot No.35, land in Sy.No.519 situated within the limits of Kallur village, Kallur sub-registration district, registration district, Kurnool City limits, situated in municipal ward No.77, near municipal door No.77/184, APIIC Ltd., Industrial Estate, Kallur, Kurnool along with shed and machinery. Bounded by: East : 50 feet Road West : Internal Road North : 50 feet Road South : Plot No.1 Extent :3.95 cents or 1911.18 square yards site along with 6600 square feet shed therein. 02. The revision petitioner / judgment debtor filed objections dated 14.07.2025 to the draft sale deed, raising the following objections: i) The award doesn’t contain the measurement of shed that is constructed in the schedule. But the draft sale deed contains the said measurements as 6600 square feet. The award also doesn’t contain the measurements of total area is 1911.18 square yards or 39.5 cents. But in the draft sale deed without any basis, the D.Hr introduced the measurements. The D.Hr cannot go behind the decree for any purpose. ii) Further in the draft sale deed the boundaries are mentioned. Whereas the award doesn’t contain any of the boundaries. iii) The D.Hr cannot introduce the measurements of the total area, shed and boundaries. The executing court cannot go behind the decree. D.Hr has to confine to the award only. 3 BSB,J C.R.P.No.1971 of 2025 iv) The payment of Rs.9,00,000/- is by way of amendment in the award. The Hon’ble High Court specifically stated that award is to be executed without the amendment made by the Secretary of Legal Service Authority. The sale deed cannot recite the payment of Rs.9,00,000/-. 03. However, the execution Court passed the following order : “Perused the draft sale deed the D.Hr is directed to file N.J.Stamps. Call on 11.08.2025.” The matter was adjourned to 11.08.2025. Aggrieved by the order, this revision petition was filed by the judgment debtor contending that the execution Court failed to answer any of the objections and passed a cryptic order directing to file N.J.Stamps. 04. The learned counsel for the petitioner submitted that the property described in the award / decree does not contain the details regarding extent, boundaries and measurements of extent as stated in the objections, however, the execution Court proceeded with the registration of the sale deed containing the details of the property which are not in consonance with the award / decree. In this regard, he further submitted that the execution Court or the decree holder cannot get the sale deed for the property with description deviating from the contents of the award. 05. The impugned order shows that the execution Court totally failed to address objections raised by the judgment debtor. Therefore, this Court is of the view that without going into the merits and de-merits of the objections, the impugned order is liable to be set aside with a 4 BSB,J C.R.P.No.1971 of 2025 direction to the execution Court to hear both the parties on the objections raised by the judgment debtor and pass appropriate order. 06. In the result, the revision petition is allowed. The order dated 31.07.2025 in E.P.No.02 of 2019 in P.L.C.No.3030 of 2015 on the file of the Court of Principal District and Sessions Judge, Kurnool is set aside directing the execution Court to hear D.Hr. and J.Dr. on the objections filed by the Judgment debtor dated 14.07.2025 and pass order afresh on merits. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this civil revision petition shall stand closed. __________________________ JUSTICE B.S. BHANUMATHI Dated :05.08.2025 GRL 5 BSB,J C.R.P.No.1971 of 2025 256 THE HONOURABLE MS. JUSTICE B.S.BHANUMATHI CIVIL REVISION PETITION NO: 1971 of 2025 Date: 05.08.2025 GRL 6 BSB,J C.R.P.No.1971 of 2025