Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 32060 (AP)

P SIVA MOHAN REDDY v. SMT VURIMINDI SUBHASHINI

CRP/2929/2024 · 2025-01-21

B S Bhanumathi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CIVIL REVISION PETITION NO: 2929 OF 2024 Petition 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 direct the Court of the VI Addl. District Judge, Nellore, of E.P. No.30 of 2019 in O.S. No.208 of 2015 along with Execution Applications filed therein expeditiously by fixing an early hearing and disposal Between: P Siva Mohan Reddy, S/o. Late P Venkata Reddy, Aged about 67 years, Occ: Business R/o Flat No 901, Block 1, Alpine Heights, 6-3- 1089/3, Somajiguda, Hyderabad, Telangana ...Petitioner/Petitioner AND 1. Smt Vurimindi Subhashini, W/o. Venkatrami Reddy, Aged about 67 years, Occ: Household R/o. Plot No. 47, Jai Bharat Cooperative Society Thirumalgiri, Secunderabad. 2. Sri Pulimi Ratnakar Reddy, S/o. late Dasaradharami Reddy, Aged about 63 years, Occ: Business, R/o. H No 27-1-1145-B, 2nd Lane, Adhithya Nagar, Nellore, Andhra Pradesh. 3. Sri Pulimi Sunitha, W/o. late Sudhaker Reddy, Aged about 62 years Occ: Household, R/o. H No 27-1-1455 Adhithya Nagar, Nellore, Andhra Pradesh / 4. Sri Pulimi Laajwanth Reddy, S/o. late Sudhaker Reddy, Aged about 43 years, Occ: Private Service R/o. H No 1-4-880/2/34 and 35, Street No. 7 Gandhinagar, Near Vijaya Bank, Hyderabad (All are represented by their GPA holder Sri Katam Reddy Karthik Reddy, aged about 32 years, Occ: Business, R/o. H No 1 /2 Near Sai Baba Temple, Padugupadu Village, Kovvur Mandal, Nellore District, Andhra Pradesh) ...Respondents/Respondents lA NO: 1 OF 2024 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 dispense with the filing of the Certified Copies of the Docket Orders passed in E.P. No.30 of 2019 in O.S. No 208 of 2015 on the file of the VI Additional District Judge Nellore. lA NO: 2 OF 2024 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 Execution Petition No. 30 of 2019 in O.S. No 208 of 2015 on the file of the VI Additional District Judge, Nellore to be disposed off expeditiously along with execution application pending disposal CRP Counsel for the Petitioner: SRI. PRABHAKAR PERI Counsel for the Respondents:- The Court made the following ORDER \ APHC010470992024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CIVIL REVISION PETITION NO: 2929/2024 Between: ...PETITIONER P Siva Mohan Reddy AND ...RESPONDENT(S) Smt Vurimindi Subhashini and others Counsel for the Petitioner: I.PRABHAKAR PERI Counsel for the Respondent(S): 1. The Court made the following: ORDER: This petition is filed under Article 227 of the Constitution of India aggrieved by non-disposal of the execution petition in E.P.No.30 of 2019 in O.S.No.208 of 2015 on the file of the Court of VI Additional District Judge, Nellore, SPSR Nellore District for a long time without any reason. / 2 CRP.No.2929 of 2024 The learned counsel for the petitioner submitted that the respondents remained ex parte and all that is necessary to secure the relief in the execution was compiled by the petitioner/DHr, yet the matter was adjourned from time to time without any valid reason. He further submitted that as per the decision of the Supreme Court in Rahul S Shah Vs Jinendra Kumar Gandhi and others\ the execution petition shall be disposed of within six months from the date of filing and if any delay occurs in disposal of the same, the reasons are to be specifically recorded. 2. 3. Perused the record. The JDrs no.1 to 4 were set ex parte on 31.10.2022 after service of copy of the draft sale deed on them. Thereafter, the matter was posted on 13.02.2023 for submitting non-judicial stamp and adjourned the matter to 14.03.2023, 20.04.2023 and 16.06.2023. The docket proceedings dated 16.06.2023 shows that the draft sale deed was filed and the matter was adjourned to 07.07.2023 directing the office to check the draft sale deed. The proceedings dated 07.07.2023 shows that the presiding officer was on training and the matter was adjourned to 25.07.2023. Thereafter, the proceeding dated 09.08.2023 shows that the draft sale deed was returned and the case was adjourned to 25.08.2023 and on 25.08.2023 the draft sale deed was re-submitted and again the office was instructed to check the same. Later, again the proceeding dated 09.11.2023 shows that the draft sale deed was re submitted and office was directed to check the same. The matter was adjourned to 16.11.2023. The proceedings dated 11.12.2023 shows that the presiding officer was on training and the matter was adjourned 4. ^ Civil Appeal Nos.1659 - 1660 of 2021, dt.22.04.2021 3 CRP.No.2929 of 2024 V.tv to 31.01.2024. The same status was shown on 01.02.2024, 15.03.2024 and 28.03.2024. The proceeding dated 22.07.2024 shows that there was no representation and the matter was adjourned to 27.09.2024. Apart from the above noted adjournments, there were several adjournments in between. The proceedings during September and October, 2024 show that the matter was adjourned without any reason. 5. As such, in view of the above noted decision of the Supreme Court and there was no' reason to adjourn the matter, the execution Court is directed to dispose of the matter without any further delay. 6. In the result, the revision petition is disposed of. 7. There shall be no order as to costs. Miscellaneous petitions, if any pending, in this civil revision petition, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VI Additional District Judge, Nellore, Nellore District. 2. One CC to Sri Prabhakar Peri, Advocate [OPUC] 3. Three CD Copies SD sree HIGH COURT DATED:21/01/2025 w' ORDER CRP.No.2929 of 2024 5 19 FEB 2025 ^ . Current Section . o\ Co/ y/ DISPOSING THE C.R.P. WITHOUT COSTS