•I APHC010422922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CIVIL REVISION PETITION NO: 2250 OF 2025 Petition under Article 227 of the Constitution of India, aggrieved by the Docket order dated 30.04.2024, passed in C.F.R.No. 68 of 2024 in E.A.No. /2023 in E.P.No. Civil Judge (Senior Division), Nandyal. /2023 in O.S.No.02/2017 on the file of the Principal Between: Narreddula Veera Reddy, S/o Bala Veera Reddy, Aged about 52ys, Occ.Agriculture, YSR Kadapa District. R/o Jangalapalle Village, Pedda Mudiam Mandal ...Petitioner/D.Hr/Tranferee AND 1. Vannem Venkateswarlu, S/o Mahanandi, Aged about 55yrs, Occ: Business, R/o H.No.28-794-D, NGOs Colony, 0pp. Chaitanya School, Nandyal Town & Mandal, Kurnool District. (J.Dr) 2. Thota Chinna Annayya, S/o Balaiah, Aged about 60yrs, Occ: Agriculture, R/o Jangalapalle Village, Pedda Mudiam Mandal, YSR Kadapa District. (Transferor) ...Respondents/J.Drs 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 to direct the Principal Civil Judge (Senior Division), Nandyal, Kurnool District to register the C.F.R.No. 68 of 2024 in E.A.No._/2023 in E.P.No._/2023 in O.S.No.02 of 2017. Counsel for the Petitioner: Sri Guttapalem Vijaya Kumar, Advocate Counsel for the Respondents: -- The Court made the following order: C.R.P.No.2250of2025 3 # APHC010422922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI {Special Original Jurisdiction) Tuesday, the Ninth Day of September Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Civil Revision Petition No: 2250 of 2025 [3311] si'?:® Between: Narreddula Veera Reddy ...Petitioner and Vannem Venkateswarlu and others Counsel for the petitioner: 1 .Guttapalem Vijaya Kumar Counsel for the respondents: 1.Nil The Court made the following Order: ...Respondents The Civil Revision Petition is filed under Article 227 of Constitution of India against the C.F.R.No.68 of 2024 vide order dated 30.04.2024, returning the execution petition. 2. The revision petitioner filed an execution petition under Rules 54 and 66 of C.P.C. for realization of the Order XXI, decreetal amount under decree dated 09.08.2017 in O.S.No.2 of file of the Court of Principal Senior Civil Judge, 2017 on the Nandyal. application under Order XXI, Rule 16 C.P.C. was filed to permit Along with the execution petition, an execution him to execute the said decree. 4 C.R.P.No.2250 of2025 3. The execution Court returned the execution petition on many occasions and finally, on 30.04.2024, with the endorsement which reads as under: “As the petition filed under order 21 rule 16 is not maintainable and the said provision does not attract the content of the petition, this E.P., is returned and the original decree holder is directed to go further in execution proceedings for realization of decree amount.” 4. Aggrieved by the endorsement, this revision petition was filed. 5. The learned counsel for the petitioner submitted that since the revision petitioner is the transferee of the decree, application under Order XXI, Rule 16 C.P.C. was filed seeking permission to execute the decree as transferee, however, the execution Court had erroneously made the above endorsement and further directed the original decree holder to proceed with the execution proceedings. an 6. Order XXI Rule 16 C.P.C. reads as under; 16. Application for execution by transferee of decree.- Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of decree-holder in the decree is any transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the 5 C.R.P.No.2250of2025 Court which passed it; and the decree may be executed in the same manner and subject to the same conditions as if the application were made by such decree-holder: Provided that, where the decree, or such interest as aforesaid, has been transferred by assignment, notice of such application shall be given to the transferor and the judgment-debtor, and the decree shall not be executed until the Court has heard their objections (if any) to its execution: Provided also that, where a decree for the payment of money against two or more persons has been transferred to one of them, it shall not be executed against the others. Explanation.- Nothing in this rule shall affect the provisions of section 146, and a transferee of rights in the property, which is the subject matter of the suit, may apply for execution of the decree without a separate assignment of the decree as required by this rule.” Since the above provision enables the transferee of decree to get the decree executed and for such execution, no express permission from the execution Court is required, permission sought by the petitioner is not required. As per Order XXI, Rule 16, a notice to the transferor / D.Hr. and the J.Dr. about the execution application filed by the transferee is required calling for their objections and decide on the objections, if any raised. No separate application is required and the execution Court can take such 7. fCJ 6 C.R.P.No.2250of2025 1 Steps on the execution petition itself. The execution Court committed error in directing the decree holder to proceed with the execution, without giving any reason why the transferee of the decree cannot seek execution of the subject matter decree. 8. In the result, the civil revision petition is allowed and the written endorsement dated 30.04.2024 is set aside and the execution Court is directed to register the otherwise in order, and follow the procedure under Order XXI 16 C.P.C. and thereafter depending upon the decision the objection, if any raised, to drop or proceed with the execution. There shall be no order as to costs. execution petition, if Rule taken on Pending miscellaneous applications, if any, shall stand closed. Sd/- SHAIK MOBD. RAF! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER One Fair Copy to the Honourable Ms Justice B S BHANUMATHI (For her Ladyship’s Kind Perusal) To, 1. The Principal Civil Judge (Senior Division), Nandyal, Kurnool District. 2. One CC to Sri Guttapalem Vijaya Kumar, Advocate [OPUC] 3. Nine (09) L.R. Copies 4. The Under Secretary, Union of India, Ministry of Law, Justice and Company Affairs, New Delhi. 5. The Secretary, Andhra Pradesh High Court Advocates’ Association Library, High Court Buildings, Amaravathi. 6. Three CD Copies GPC V/MA HIGH COURT DATED: 09/09/2025 ORDER CRP NO. 2250 OF 2025 ALLOWING THIS CIVIL REVISION PETITION • WITHOUT COSTS