APHC010642412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 3378/2025 Between: 1. NALLAMALLI LAKSHMINARAYANA, S/O. GOPALA KRISHNA GUPTA, AGED ABOUT 68 YEARS, OCC ADVOCATE, R/O. D.NO.23-1-9, GANDHI ROAD, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER AND 1. YELCHURI RAJA SEKHAR, S/o. Venkateswarlu, Aged about 60 years, R/o. D.No.23-1-67, Gandhi Road, Ongole, Prakasam District ...RESPONDENT 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 topleased to set aside the order and decree passed in E.P.No.69 of 2024 in O.S.No.405 of 2018 dated 22.10.2025, on the file of the Court of the Principal Civil Judge (Senior Division), Ongole, and pass IA NO: 1 OF 2025 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 pleased to stay the order and decree passed in E.P.No.69 of 2024 in O.S.No.405 of 2018 dated 22.10.2025, on the file of the Court Of the Principal Civil Judge (Senior Division), Ongole, and pass Counsel for the Petitioner: 2 1. MADHAVA RAO NALLURI Counsel for the Respondent: 1. The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO:3378 OF 2025 ORDER: The present Civil Revision Petition is filed aggrieved by order dated 22.10.2025 passed in E.P.No.69 of 2024 in O.S.No.405 of 2018 on the file of Court of Principal Civil Judge (Senior Division), Ongole. 2. Heard learned counsel for the petitioner. 3. Learned counsel for the petitioner submits that the present revision petition is filed challenging the execution of arrest warrant dated 22.10.2025 passed in E.P.No.69 of 2024 under Order XXI Rule 38 of CPC against the petitioner herein. The order dated 22.10.2025 is extracted hereunder: “In the result, this execution petition is allowed, directing the judgment-debtor to pay the decretal amount forthwith. Respondent/ judgment-debtor called and absent. Hence, arrest warrant shall be issued against the respondent/ judgment debtor under Order XXI Rule 38 of C.P.C. on payment of necessary process by the decree holder.” 4. Learned counsel for the petitioner further submits that the trial Court considered all the aspects putforth by the petitioner as well as the respondent herein. After hearing at length and on perusal of the material placed on record, the trial Court came to a conclusion that the petitioner herein / respondent in E.P. has sufficient means to address the decretal amount of Rs.4,98,389/-. 4 Therefore, learned counsel for the petitioner submits that the petitioner herein is not canvassing any merits in this petition but pleading for reasonable accommodation to comply with the orders in execution petition in terms of the judgment and decree dated 22.10.2025. 5. Considering the submissions made by the learned counsel for the petitioner and on perusal of the material placed on record, this Court is inclined to extend the period of accommodation for payment of decretal amount by the petitioner herein in a phased manner as proposed by the learned counsel for the petitioner. Therefore, this Court is of the considered view to dispose of the revision petition, directing the trial court not to proceed further by way of coercive action pursuant to the order dated 22.10.2025 subject to payment of Rs.2,00,000/- (Rupees Two Lakhs) out of the total decretal E.P. amount of Rs.4,98,389/- (Rupees Four Lakhs Ninenty Eight Thousand Three Hundred and Eighty Nine) within a period of six (06) weeks from the date of receipt of a copy of this order. Further, the petitioner herein is also directed to pay the balance amount in two equal installments i.e., Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) shall be paid within a period of two months thereafter, i.e., on or before 15.03.2026 and final amount of Rs.1,48,389/- (Rupees One Lakh Forty eight Thousand Three Hundred and Eighty Nine) shall be paid on or before 15.05.2026. Failing any one of the payments, the stay of operation of the impugned order dated 22.10.2025 is automatically stands vacated. 5 6. With the above directions, the revision petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 02.12.2025 NOTE: C.C by 05.12.2025 (B/o) BSP 6 74 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION No.3378 of 2025 02.12.2025 NOTE: C.C by 05.12.2025 (B/o) BSP