APHC010634102018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 5320/2018 Between: Yarrarnsetti Seetharamaiah ...PETITIONER AND Vallurupalli Prabhu Kishore ...RESPONDENT Counsel for the Petitioner: 1. GHANTASALA UDAYA BHASKAR Counsel for the Respondent: 1. M/S INDUS LAW FIRM 2 The Court made the following order: The present revision petition is filed aggrieved by the order dated 17.07.2018, passed in EA.No.60 of 2018 in EP.No.41 of 2017, on the file of Senior Civil Judge, Avanigadda. 2. The petitioner is the Judgment Debtor in the execution proceedings who filed an application vide EA.No.60 of 2018 under Order XXI Rule 106 r/w. Section 151 CPC, seeking to set aside the ex parte order dated 21.03.2018, passed against him in the Execution Petition. The said application was dismissed by the Execution Court by order dated 17.07.2018, which is assailed in the present revision petition. 3. Heard counsel for the petitioner and counsel for the respondent. 4. On a perusal of the affidavit filed in support of the application, it is stated that the matter was posted to 08.03.2018, and on the said date, the petitioner was unable to attend the Court due to heart attack. It is further averred that he took treatment in Apollo Hospital and underwent heart operation. Therefore, his absence on the said date in the execution proceedings is neither willful nor wanton. Further, it is averred that the petitioner’s counsel informed him that he was set ex parte 3 on 21.03.2018, and the Execution Petition was posted for sale of the petition schedule property to be conducted on 26.06.2018, and he was advised to file the present application seeking to set aside the ex parte order. 5. Though the petitioner was set ex parte on 21.03.2018, however, he filed application to set aside the ex parte on 15.06.2018, without filing application seeking to condone the delay in filing the said application. Apart from the same, the petitioner did not file any documentary proof to show that he underwent heart operation and no medical report is filed to substantiate the same. In the absence of any material in support of his contentions, the averments made in support of the application cannot be believed. Therefore, there are no merits in the revision petition and accordingly, the same is dismissed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR Dt.07.02.2025 DSB 4 80 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR C.R.P.No.5320 of 2018 Date: 07.02.2025 U DSB