INAGANTI RAHAMTHUNNISA BEGUM v. KARANAM ANNAPURNAMMA
CRP/2770/2024 · 2025-04-24
Tarlada Rajasekhar Rao
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 45122 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45122 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL REVISION PETITION NO: 2770 OF 2024 Petition under Article 227 of Constitution of India,aggrieved by the
Order dated 24-09-2024 in E.P.No. of 2024 in E.A.No.15 of 2023 in E.P.No.9 of 2016 in O.S.No.67 of 2012 on the file of the Court of the Senior Civil Judge, Parchur, Prakasam District. Between:
1. Inaganti Rahamthunnisa Begum, W/o.Late Inaganti Peda Sydulu, Aged 68 years, Muslim, Occ Housewife, R/o.Inkollu Village and Mandal, Bapatia District. Inaganti Shukur Babu,, S/o.Late Inaganti Peda Sydulu, Aged 47 years, Muslim, R/o.Inkollu Village and Mandal, Bapatia District (JDR-2) Syed Nadiya,, W/o.Saleem, Aged 40 years, Occ Housewife, R/o.Inkollu Village and Mandal, Bapatia District
2.
3. ...PETITIONER/JDR AND
1. KARANAM ANNAPURNAMMA, D/o.Karanam Rangaiah, Aged 70 years, Hindu, R/o.Inkollu Village and Mandal, Bapatia District (DHR). Inaganti Shukur Babu,, S/o.Late Inaganti Peda Sydulu, Aged 47 years, Muslim, R/o.Inkollu Village and Mandal, Bapatia District (JDR-2)
2.
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3. Syed Nadiya,, W/o.Saleem, Aged 40 years, Occ Housewife, R/o.Inkollu Village and Mandal, Bapatia District. ...RESPONDENTS/DHR,JDR-2 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 may be pleased to grant stay of all further proceedings including delivery of E.P. schedule property in E.P.No.9 of 2016 in O.S.No.67 of 2012 on the file of the court of Learned Senior Civil Judge, Parchur, Prakasam District, pending disposal of the main CRP.
: SRI. NAGA PRAVEEN VANKAYALAPATI Counsel for the Petltioner(s) Counsel for the Respondents : M/S AYESHA AZMA S (R-3) Counsel for the Respondents ; The Court made the following ORDER :
APHC010501832024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3330] 0r*ti PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL REVISION PETITION NO: 2770/2024 Between: Inaganti Rahamthunnisa Begum ...PETITIONER AND Karanam Annapurnamma and Others Counsel for the Petitioner;
1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S);
1. AYES HA AZMAS ...RESPONDENT(S) 2.-- The Court made the following:
2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL REVISION PETITION NO.2770 of 2024
ORDER: The 1®‘ respondent herein, who is plaintiff filed suit O.S.No.67 of 2012 on the file of the learned Senior Civil Judge, Parchur, Prakasam nd District, against the defendants (who are the petitioner and 2 respondent in this civil revision petition) for recovery of an amount of Rs.5,99,500/- basing on the mortgage deed.
2. The said suit was decreed ex parte on 16.04.2014. Thereafter the plaintiff/Decree Holder filed E.P.No.9 of 2016 on the file of the learned Senior Civil Judge, Parchur under Order 21 rule 64 and 66 to put sale of the property for realization of the decreetal amount.
3. The petitioner/J.Dr. filed an application in I.A.No.457 of 2016 in O.S.No.67 of 2012 on the file of the learned Senior Civil Judge, Parchur under Section 5 of the Limitation Act to condone the delay of 737 days in filing the petition to set aside the ex parte decree, dated
16.04.2014. Howbeit in the course of execution of proceedings, the petitioner filed E.A.No.15 of 2023 to set aside the sale conducted on 22.03.2023. The said application was dismissed on 05.09.2024 for non-prosecution .
4. The petitioner herein/J.Dr.No.1 filed unnumbered E.A.No.- of 2024 under Order 21 rule 105 and Section 151 CPC in E.A.No.15 of 2023 in E.P.No.9 of 2016 in O.S.No.67 of 2012 to set aside the default dismissal
order, dated 05.09.2024 passed in E.A.No.15 of 2023 and the same was returned vide docket order, dated 12.09.2024 with an observation that the
said application is not maintainable, as the execution petition was ordered and closed and the sale certificate was issued in favour of the buyer/highest bidder and the decree was discharged. Aggrieved by the same, the present civil revision petition is filed.
5. Execution proceedings will come to end upon executing the sale deed. As per the observation of the docket order, dated 02.09.2024, the sale certificate was issued in favour of buyer/highest bidder. As the sale certificate was issued to the highest bidder, the present application under
Order 21 Rule 105 of CPC is not maintainable. The executing Court has rightly rejected the unnumbered E.A. In view of the foregoing discussions, the Civil Revision Petition is dismissed with costs of Rs.2,000/- (Rupees Two Thousand only) which payable to S.K.C.V.Amodini Girls’ Home, near Kaza Toll Plaza, Guntur District, within a period of two weeks from the date of receipt of a copy of this order and failing which, the Court below is directed to send the petitioner into civil prison for a period of two weeks and shall file compliance report. There shall be no order as to costs.
6. IS As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
SOI- G.HELANAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Civil Judge, (Senior Division), Parchur, Prakasam District.
2. One CC to SRI. NAGA PRAVEEN VANKAYALAPATI Advocate [OPUC]
3. One CC to SRI. M/S AYESHA AZMA S, Advocate [OPUC]
4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi
5.
THREE CD COPIES TAC
HIGH COURT DATED:25/04/2025
ORDER CRP.No.2770 of 2024 DISMISSING THE CRP