IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI FRIDAY. THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 3421 OF 2019 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 docket order dated 27.09.2019 E.P.No.6 of 2012 in O.S.No.4 of 1982 on the file of the court of Learned Junior Civil Judge, Narasannapeta, Srikakulam District. Between 1. Dharmana Satyanarayana (DIED), Dharniana Ammanna (Died), Surapu Seetaratnam, W/o. Simhachalam, D/o. Late Satyanarayana, Aged 48 years, Occ: Household Duties, R/o. Bandi Veedhi, Narasannapeta Town and Mandal, Srikakulam District. 2. 3. ...PETITIONERS/DEFENDANTS AND Potnuru Venkata Radha Krishna, S/o. Late Venkata Jogulayya, Aged about 60 years, Occ: Business, R/o Pedclapetn Street, Narasannapeta Town and Mandal, Srikakulam District. ...RESPONDENT/PLAINTIFF jA NO: 1 OF ?niQ , ^ Petition under Section in the affidavit filed i 151 CPC praying that in the circumstances may be arrest of ■ Pifasfed tn . Court glfased to grant stay all further 3"' petitioner pursuant to docket proceedings including the order dated 27.09.2019 in E.P.No.6 of 2012 in 0;S.No.4 of 1982 on the file of the court of Learned Junior Civil Judge, Narasannapeta, Srikakulam District. Counsel for the Petitioner Counsel for the Respondents : The Court made the following ORDER : ■■ SRI. SRINIVAS AMBATI APHC010386472019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITIONNO: 3421/2019 Between: ...PETITIONER(S) Dharmana Satyanarayana (died) and Others AND \ ...RESPONDENT Potnuru Venkata Radha Krishna Counsel for the Petitioner(S); 1.SRINIVAS AMBATI Counsel for the Respondent: 1. 2 The Court made the following order: The present revision petition is filed questioning the docket order dated 27.09.2019 in E.P.No.6 of 2012 in O.S.No.4 of 1982. on the file of Junior Civil Judge, Narasannapeta District. Srikakulam 2. The respondent herein is the plaintiff who filed the suit vide O.S.No.4 of 1982, for injunction and same was decreed by judgment and decree dated 31.03.1986. Assailing the correctness of the said judgment and decree the father of the petitioner on the file of Principal preferred an appeal vide A.S.No.62 of 1986 Sub-ordinate Judge. Srikakulam dismissed by the judgment and decree dated and the said appeal was 08.12.1992. 3. Thereafter, the respondent filed execution petition vide petitioner, who is the daughter E.P.No.6 of 2012, alleging that the of the defendant, violated the decree The said EP passed by the Trial Court. was contested by the petitioner by filing affidavit. The execution Court, by docket counter order dated 27.09.2019, issued warrant of arrest against the petitioner herein of process. The said docket order on payment is assailed in the present revision petition. 3 This Court, while ordering notice on 22.11.2019, passed elaborate order stating that the impugned order is not a speaking order, as the same has been passed by the Execution Court without considering the counter affidavit filed by the petitioner/judgment-debtor and without conducting any enquiry whether there was any willful disobedience of the decree passed by the Trial Court, and granted interim stay of order impugned the revision. 4. an in 5. Despite service of notice, none appears for the respondents. 6. As there is an interim order operating from 22.11.2019, and this Court has categorically recorded the fact that the Trial Court did not conduct any enquiry with regard to the alleged disobedience said to have been committed by the petitioner/JDR, this Court feels it appropriate to dispose of the revision petition directing the execution Court to make necessary enquiry in the execution petition and pass appropriate orders afresh, after hearing both parties. 7. Accordingly, the order impugned dated 27.09.2019 i:: E.P.No.6 of 2012 in O.S.No.4 of 1982, on the file of Junior Civil in 4 Judge, Narasannapeta, Srikakulam District is hereby set aside, and the Execution Court is directed to proceed with the Execution Petition in accordance with law after affording opportunity of being heard to both the parties. 8. Accordingly, the Civil Revision Petition is allowed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. SDI- M.SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Junior Civil Judge; Narasannapeta, Srikakulam District. One CC to Sri. Srinivas Ambati, Advocate [OPUC] 2. 3. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi THREE CD COPIES 4. ssl TAG HIGH COURT DATED;21/02/2025 ORDER CRP.N0.3421 OF 2019 ^ 10 JUL 2025 ^^^SXurrentSectigt^;^ % Co, CIVIL REVISION PETITION IS ALLOWED.