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2025 DAILYLAW 33310 (AP)

DANTHALA PUNNA RAO v. DHULIPALLA ANJANEYULU

CRP/2745/2024 · 2025-02-06

R Raghunandan Rao

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

T IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 2745 OF 2024 Petition under Section 115 of CPC to revise the Order dt. 27.08.2024 made in E.A. No. 54 of 2024 in E.P. No. 43 of 2018 in O.S. No. 568 of 2012 on the file of the Court of the I Additional Civil Judge (SR.D) Guntur Between: 1. Danthala Punna Rao, (Died) Danthala Sujatha,, W/o Punna Rao, aged about 58 years, Occ Business, R/o Door No. 1-20, Uppalapadu Village, Pedakakani Mandal, Guntur District. 2. Danthala Venugopala Rao,, S/o Sambaiah, aged 39 years, Occ Business, R/o Door No. 1-20, Uppalapadu Village, Pedakakani Mandal, Guntur District. 3. Danthala Satish Kumar,, S/o Sambaiah, aged 36 years, Occ Business, R/o Door No.1-20, Uppalapadu Village, Pedakakani Mandal, Guntur District. 4. ...PETITIONER(S) AND Dhulipalla Anjaneyulu, S/o. Maflikarjuna Rao, aged about 59 years, Occ Cultivation and Mechanic, R/o Door No.2-12-68, Bosu Statue Centre, Old Club Road Kothapet, Guntur, Guntur District. i y' ...RESPONDENTS lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant stay of the operation of Order dt. 27.08.2024 passed in E.A. No. 54 of 2024 in E.P. No. 43 of 2018 in O.S. No. 568 of 2012 on the file of I Additional Civil Judge (SR.D), Guntur. Counsel for the Petitioner(s):SMT. NIMMAGADDA REVATHI Counsel for the Respondents:SRI. RAMA CHANDRA RAO GURRAM The Court made the following:ORDER t ^ APHC010498872024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 2745/2024 Between: Danthala Punna Rao and Others ...PETITIONER(S) AND Dhulipalla Anjaneyulu Counsel for the Petitioner(S); 1. NIMMAGADDA REVATHI ...RESPONDENT Counsel for the Respondent: 1. RAMA CHANDRA RAO GURRAM The Court made the following Order: The respondent herein had filed O.S.No.568 of 2012, before the I Additional Senior Civil Judge, Guntur, for recovery of money. This suit was decreed. Thereafter, the petitioner moved E.P.No.43 of 2018, for recovery of money, by sale of certain immovable property of the petitioners. As the said immovable property is a large property, whose value is far higher than the E.P amount of approximately Rs.2,80,000/-, E.A.No.54 of 2024 was filed by the respondent, for appointment of an Advocate Commissioner to demarcate a part of the land for the purpose of selling the same in satisfaction of the decree. The Executing Court, by an order dated 27.08.2024, allowed the I- application and appointed an Advocate Commissioner who was directed to f prepare a plan with boundaries for an extent of Ac.0.10 cents. Aggrieved by the same, the petitioners have approached this Court. Various submissions have been made on the merits of the case by both Smt. Nimmagadda Revathi learned counsel for the petitioner and Sri Ramachandra Rao Gurram, learned counsel for the respondent. 2. During the course of the arguments, it also came to light that the petitioners have already deposited Rs.1,40,000/- out of the decretal amount of Rs.2,80,000/-. In such circumstances, this Court is of the opinion that it would be appropriate and in the interest of justice, if time is granted to the petitioners to deposit the remaining decretal amount within a specified period, failing which, the order of the Executing Court, which is challenged in the present petition would revive. 3. 4. Accordingly, this Civil Revision Petition is disposed of setting aside the order of the Executing Court, dated 27.08.2024, subject to the condition that the petitioners deposit the remaining decretal amount within three months from today. Failure to make such payment would result in the revival of the order, dated 27.08.2024, passed by the I Additional Senior Civil Judge, Guntur in E.A.No.54 of 2024. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- B.PRASADA RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The I Additional Civil Judge (Senior Division), Guntur. w i 2. One CC to SMT. NIMMAGADDA REVATHI, Advocate [OPUC] 3. One CC to SRI. RAMA CHANDRA RAO GURRAM, Advocate [OPUC] 4. Three CD Copies -,‘T V HIGH COURT DATED:06/02/2025 ORDER g 21 MAK m ^ . Curreni owcuon ^ > CRP.No.2745 of 2024 1^- €n DISPOSING THE CRP.