IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION Nos. 3034 & 3054 of 2024 CIVIL REVISION PETITION NO. 3034 of 7n?d Petition under Article 227 of the Constitution of India the circumstances stated in the grounds filed herein, the High Court be pleased to direct the II Additional District Judge praying that in may at Visakhapatnam to dispose of the I.A. No. 1130 of 2022 in I.A. No. 812 of 2022 in A.S. No 158 Of 2022. Between: Smt. Thota Padmavathi, W/o. Late Rama Rao Door No. aged 50 years, R/o. 31-31-5, Saibaba Street, Allipuram, Visakhapatnam, Visakhapatnam District, Andhra Pradesh. ...Petitioner/Petitioner AND 1. Sri Eti Suryaprakash Rao, S/o. Late Nagayya (Died) 2. Sri Eti Nagaraj @ Niiesh, S/o. Late Suryaprakash Rao R/o. Chagaris, Riot No. 623G, Road No. 35, Jubilee Hills, State of Telangana. aged 52 years Hyderabad ...Respondent/Respondent Counsel for the Petitioner: SRI. V SAI KUMAR , b y 1 i 11 Counsel for the Respondent No.1: — Counsel jFor the Respondent No.2: SRI D.S. SIVA DARSHAN I*', i-' % % -■ . I j- % ■' \ ^ ft: a a i f 'I i f ■ V 0- CIVIL REVISION PETITION NO: 3054 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 set aside the order passed by the II Additional Civil Judge (Junior Division) at Visakhapatnam in E.P. No. 363 of 2023 in O.S. No. 36 of 2022 dated 26.11.2024. ll! Between: Smt Thota Padmavathi, W/o. Late Rama Rao, aged 50 years, R/o. Door 31-31-5, Saibaba Street, Allipuram, Visakhapatnam, Visakhapatnam District, Andhra Pradesh. No. ...Petitioner/Petitioner AND 1. Sri Eti Suryaprakash Rao, S/o. Late Nagayya (Died) 2. Sri Eti Nagaraj, S/o. Late Suryaprakash Rao, aged 52 years, R/o. Chagaris, Plot No. 623G, Road No. 35, Jubilee Hills, Hyderabad, State ofTelangana! ...Respondent/Respondent 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 stay of all further proceedings in E.P. No. 363 of 2023 in O.S. Nd 36 of 2022 on the file of then Additional Civil Judge (Junior Division) at Visakhapatnam pending disposal of the above revision petition. Counsel for the Petitioner: SRI. V SAI KUMAR Counsel for the Respondent No.1: — Counsel for the Respondent No.2: SRI D.S. SIVA DARSHAN The Court made the following COMMON ORDER: THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NOs:3034 and 3054 of 2024 COMMON ORDER: Heard Sri V.Sai Kumar, learned counsel for the petitioner and Sri Avinash Desai, learned counsel for the 2'''* respondent. On 06.12.2024, this Court passed the following order: 2. Heard Sri V.Sai Kumar, learned counsel for the petitioner. The respondent filed OS.No.36 of 2018 against the present petitioner for her eviction from the suit scheduled property, for recovery of damages and for future damages/mesne profits for use and occupation etc., alleging the petitioner to be a tenant. Finally, the suit was decreed on 26.07.2022 by the II Additional Junior Civil Judge, Visakhapatnam. 2. The petitioner filed AS.NO.158 of 2022, which is pending in the Court of 11 Additional District Judge, Visakhapatnam. The petitioner’s prayer for stay, in the appeal was allowed by an order dated 21.09.2022 in I.A.No.812 of 2022, on the condition of deposit of the suit costs within one month subject to the payment of admitted rents for the period commencing from August, 2016 till the date of decree providing further that the petitioner shall continue to deposit admitted rents as also with further directions. 3. The petitioner filed CRP.No.2108 of which 2022 was 4. challenging the order dated 21.09.2022 dismissed at the admission stage by this Court on 27.10.2022. Learned counsel for the petitioner submits that in the meantime, the time granted by the appellate Court under the interim order for compliance expired and consequently, the petitioner filed IA.No.1130 of 2022, seeking extension of time to deposit, on 02.11.2022. He submits that the said apfyHGation is still pending in AS.No. 158 of 2022. He further 5. \ 2 submits that due to the non-compliance as aforesaid, the respondent filed EP No. 363 of 2023 for execution of decree passed by the Trial Court. In EP the petitioner filed EA.No. 145 of 2024, which M/as dismissed. The Execution Court has issued fresh delivery warrant to deliver the petition scheduled property to the respondent - decree holder, by breaking open the locks. CRP.No.3054 of 2024 has been filed challenging the order passed in the Execution petition. CRP.No.3034 of 2024 has been filed for direction to the appellate Court to expeditiously decide the petitioner’s pending application I.A.No. 1130 of 2022 for extension of time. 6. 7. Learned counsel for the petitioner submits that the petitioner is ready to make the deposit of the entire amount due as on today pursuant to the interim order passed in AS. No. 158 of 2022 within a period of one week, and shall continue to deposit the monthly rent regularly in terms of the interim order. 8. 9. Considering the aforesaid prayer, the notice is issued to the respondent. In addition to the normal mode of service, the petitioner is permitted to take out personal notice to the respondent by registered post and acknowledgment due and file proof of service in the Registry before the next date of listing. 10. On the condition of the petitioner depositing the entire amount as per the interim order in AS.No. 158 of 2022, within a period of one week from today, as also complying with the further monthly regular deposits, the proceeding on the Execution petition No. 363 of 2023 shall remain stayed, till the next date of listing. The petitioner shall file an undertaking to the same effect as above before the Execution Court, by 09.12.2024. In case of default, the petitioner would not be entitled for the protection of this order, and the Execution Court shall be at liberty to proceed further. Poston 03.01.2025. 11. 12. 13. 14. // 3 Sri V.Sai Kumar, learned counsel for the petitioner, submits 3. that the petitioner has complied with the interim order as passed by this Court on 06.12.2024 and is also regularly making the payment of the monthly rent. Sri Avinash Desai, learned counsel for the 2'^^ respondent 4. through virtual mode, submits that pursuant to the order passed by this Court on 06.12.2024, the petitioner has complied with the same, though initially he did not comply with the interim order passed in pending appeal No. 158 of 2022. Considering the nature of the dispute as also the pendency of the appeal before the learned II Additional District Judge, 5. Visakhapatnam, against the decree of eviction, with the consent of the parties counsels, these Civil Revision Petitions are being disposed of with a direction to the learned II Additional District Judge, Visakhapatnam, to expeditiously decide the A.S.N0.158 of 2022, in accordance with law, with due opportunity to the parties. The execution proceedings shall remain stayed during pendency of the appeal, subject to the petitioner making regular compliance of the interim order dated 06.12.2024 granted in this C.R.P. With the above directions, the Civil Revision Petitions are 6. disposed of. No order as to costs. \ 4 As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. Sd/-B PRASADA RAO ASSISTANT REGI^AR r //TRUE COPY// SECTION OFFICER To, 1. The II Additional District Judge at Visakhapatnam. 2. One CC to Sri. V Sai Kumar, Advocate [OPUC] 3. One CC to Sri. D.S. Siva Dharshan, Advocate [OPUC] 4. Three CD Copies Chp sree \ \ HIGH COURT DATED;24/01/2025 ORDER CRP.NoS.3034 & 3054 of 2024 WITHOUT COSTS^^ PETITIONS