APHC010429442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 495/2025 Between: 1. K C MURALI (BLIND), S/O RANGASWAMY, R/O D.NO.6-1-16, R.S. GARDENS, TIRUPATI. 2. K.C. ANUSHA,, D/O RANGASWAMY, R/O D.NO.6-1-16, R.S. GARDENS, TIRUPATI. 3. K.C.NISHA,, D/O RANGASWAMY, W/O K.R. BALAJI, R/O D.NO.6-1-16, R.S. GARDENS, TIRUPATI. (K. JAGADEESHWAR, CANCELLED GENERAL POWER OF ATTORNEY HOLDER). ...PETITIONER(S) AND 1. NARU VENKATESWARA RAO, S/o Kotilingam, R/o D.No. 1- 50/39/32-B, Ner Chaitanya College Vasundhara Nagar Main Road, Tiruchanur Village, Tirupati Rural Mandal, Tirupati District. ...RESPONDENT Counsel for the Petitioner(S): 1. SUBBA RAO KORRAPATI The Court made the following ORDER :- The petitioners are the defendants in O.S.No.105 of 2021 on the file of the Court of Principal Senior Civil Judge, Tirupati, who were represented by their General Power of Attorney Holder. The respondent herein filed the above suit seeking specific performance of agreement of sale, dated 25.10.2018. In the said suit, the petitioners’ General Power of Attorney Holder did not contest the suit. 2 KSR,J C.R.P. No.495 OF 2025 Consequently, an ex parte decree and judgment, dated 07.08.2023 was passed by the learned Principal Senior Civil Judge, Tirupati. Thereafter, the respondent herein filed the execution petition in E.P.No.20 of 2024 before the same Court. 2. It is contended by the learned counsel for the petitioners that the petitioners are not aware of the sale transaction and the plaintiff, in collusion with the petitioners’ General Power of Attorney Holder who did not contest the suit, filed the suit. Having come to know of the same, the petitioners herein have filed a petition in I.A.No.668 of 2024 under Order IX Rule 13 read with 151 CPC seeking to set aside the ex parte decree, dated 07.08.2023. Along with this application, the petitioners also filed I.A.No.667 of 2024 under Section 5 of Limitation Act to condone the delay of 320 days in filing the petition under Order IX Rule 13 CPC. 3. Learned counsel for the petitioners also contends that they filed another un-numbered Interlocutory Application seeking to stay the execution of decree and Judgment. The grievance of the petitioners in this revision petition is that the learned Judge without deciding I.A.No.667 of 2024 and I.A.No.668 of 2024, is trying to proceed with the execution proceedings. Learned counsel for the petitioners seeks an innocuous relief seeking a direction to the learned trial Judge to take up I.A.No.667 and 668 of 2024 in O.S.No.105 of 2021 as expeditiously as possible, preferably within a period of two months. 3 KSR,J C.R.P. No.495 OF 2025 4. Since no adverse orders are going to be passed against the respondent in this Civil Revision Petition, in the considered opinion of this Court, no notice is required to serve on the respondent. 5. In that view of the matter and in view of the said innocuous relief sought by the petitioners, the present Civil Revision Petition is disposed of, at the stage of admission, directing the learned Principal Senior Civil Judge, Tirupati to take up I.A.Nos.667 and 668 of 2024 in O.S.No.105 of 2021 and dispose of the same in accordance with law after hearing both sides within a period of two (02) months from the date of receipt of a copy of this order. Till then, the learned Principal Senior Civil Judge, Tirupati is directed not to proceed with the execution proceedings in E.P.No.20 of 2024. 6. Accordingly, with the above direction, the Civil Revision Petition is disposed of, at the stage of admission. As a sequel thereto, miscellaneous petitions, if any, pending, shall also stand closed. ____ K.SURESH REDDY, J Dt. 28.02.2025 SAB / TSNR 4 KSR,J C.R.P. No.495 OF 2025 26 THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION No.495 of 2025 Dt. 28.02.2025 SAB / TSNR