APHC010455682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 7 THURSDAY. THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 2194 OF 2025 Petition filed under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to call for the records relating to E.P.No.18 of 2017 in OS. No.119 of 2016 from the file of the XIII Additional District Judge, Gajuwakha and set aside the impugned Docket Order dated 28-08-2025 in unnumbered E.A.No. /2025 (G.R.No.3455/28-08-2025) in E.P.18 of 2017 in OS.119 of 2016. Further Direct the XIII Additional District Judge, Gajuwakha to number the said unnumbered E.A. /2025 take it on file, and dispose of the same on its merits and in accordance with the law after giving due opportunity to all parties. Between: Smt Kamella Tejaswi, D/o.Kammella Rama Murthy Raju, aged 32 years, Hindu, R/o.Door No.31-60-16/23, Flat No.406, WK Top Hills, Duvvada Station Road, Behind ICICI Bank, Duvvada, Kurmannapalem, Vadlapudi, Gajuwakha, Visakhapatnam-530046. Aadhar No.4645 7333 7357. Contact No.9704595559. ...Petitioner/Claim Petitioner AND t' t > 1. Mudunoori Rama Krishna Trinadha Varma, S/o.Venkatapathi Raj Hindu, aged 47 years, Steel Plant Employee, R/o.Flat No.503 Sai Paradise, Gallavanipalem, Agnampudi Gajuwakha Visakhapatnam-53. Aadhar no not known to the petitioner. Contact number not known to the petitioner. u, Mandal, ...Respondent/Respondent/Decree Holder 2. Mudunoori Venkata Ravi Varma, S/o.Suryanarayana Raju, Hindu, aged 47 years. Steel Plant Employee, R/o.Q.No.318/C, 0pp.Electrical Maintenance Office, Ukkunagaram, Visakhapatnam-32. Aadhar no not known to the petitioner. Contact number not known to the petitioner. ...Respondent/Respondent/Judgment Debtor lA NO: 2 OF 2025 Petition filed 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 all further proceedings in E.P.18 of 2017 in OS.119 of 2016 on the file of the XIII Additional District Judge, Gajuwakha including confirmation of sale in favour of the auction purchaser/Respondent No.l/DHR, pending disposal of the main Revision Petition. Counsel for the Petitioner: Sri Ginjala Vijaya Kumar Counsei for the Respondents: -- !■ The Court made the following: 1 APHC010455682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] 7 THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSJICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 2194/2025 Between: Smt Kamella Tejaswi ...PETITIONER AND Mudunoori Rama Krishna Trinadha Varma and Others Counsel for the Petitioner: 1.GINJALA VIJAYA KUMAR Counsel for the Respondent(S): ...RESPONDENT(S) 1. The Court made the following: i.A.No.1 of 2025 Dispensed with for the present. C.R.P.No.2194 of 2025 The petitioner had purchased the schedule property being a flat, bearing d.No.406, V.V. Krishna Top Hills, Kurmannapalem village, Gajuwaka Mandal. The petitioner came to know that this property had become the subject matter of E.P.No.18 of 2017 in O.S.No.119 of 2016 on the file of XIII Additional District Judge, Gajuwaka when a sale notice was affixed to the wall of the flat, on 14.08.2025. Immediately thereafter, the petitioner approached 2 » (• — the XIII Additional District Judge by filing a claim application under the provisions of Order XXI Rule 58 of Civil Procedure Code, 1908. The Executing Court returned this application, on the ground that the purchase of the property by the petitioner was after the property had been attached in the suit and consequently the application was not maintainable. 2. Aggrieved by the return of the application, the petitioner has approached this Court, byway of the present Civil Revision Petition. 3. As, contended by Sri G. Vijaya Kumar, learned counsel for the petitioner, the return of the application, without giving any opportunity to the petitioner to make out her case, is clearly impermissible. The least that would be expected is that the applicant is given an opportunity to set out his or her case before the Court and any decision taken without such an opportunity being given is clearly against the tone and tenor of the Civil Procedure Code. 4. In the circumstances, this Civil Revision Petition is allowed and the XIII Additional District Judge, Gajuwaka, is directed to number the application of the applicant and to consider the said application on the merits of the case. 5. It appears that the property in question has already been auctioned and, the decree holder himself is said to have purchased the property in the auction. 6. In such circumstances, there shall be a stay of dispossession of the petitioner for a period of two weeks within which the application of the petitioner shall be taken up for consideration by the Executing Court. SD/- P. VINOD KUMAR ASSISTANT REGISTRAR 7. //TRUE COPY// Action officer To, The XIII Additional District Judge, Gajuwaka, Visakhapatnam District. One CC to Sri Ginjala Vijaya Kumar, Advocate [OPUC] Two CD Copies BSV 1. 2. 3. AL HIGH COURT DATED:04/09/2025 ORDER CRP NO. 2194 OF 2025 ALLOWING THE CIVIL REVISION PETITION