APHC010312342023 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: Between: 1. DARGA ABDULLAH,, AGED 43 YEARS, S/O. ALI SAHEB, R/O. D.NO. 4/455, MUNICIPAL HIGH SCHOOL ROAD, NANDYAL TOWN, NANDYAL DISTRICT. 1. DARGA SHAIK NAWAZ BASHA, aged about 34 years, S/o. Khaja Mohiddin, H.No. 4-456 Nandyal District 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 allow I.A.No.484/2022 in A.S.No.35/2022 on the file of III Additional District and Sessions Judge, Nandyal by granting stay of all further proceedings in EP.No.74 of 2023 and EP.No.75 of 2023 in OS.No.98 of 2018 on the file of Principal Senior Civil Judge IA NO: 1 OF 2023 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 grant stay of all further proceedings in EP.No.74 of 2023 EP.No.75 of 2023 in OS.No.98 of 2018 on the file of Principal Senior Civil Judge Nandyal, pending disposal of the above revision and pass IA NO: 2 OF 2023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 1636 OF 2023 DARGA ABDULLAH,, AGED 43 YEARS, S/O. ALI SAHEB, R/O. D.NO. 4/455, MUNICIPAL HIGH SCHOOL ROAD, NANDYAL TOWN, NANDYAL DISTRICT. ...PETITIONER AND DARGA SHAIK NAWAZ BASHA, aged about 34 years, S/o. Khaja 456-A, Municipal High School Road, Nandyal Town ...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 allow I.A.No.484/2022 in A.S.No.35/2022 on the file of III Additional District and Sessions Judge, Nandyal by granting stay of all further proceedings in EP.No.74 of 2023 and EP.No.75 of 2023 in OS.No.98 of 2018 on the file of Principal Senior Civil Judge Nandyal and pass 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 grant stay of all further proceedings in EP.No.74 of 2023 EP.No.75 of 2023 in OS.No.98 of 2018 on the file of Principal Senior Civil Judge Nandyal, pending disposal of the above revision and pass IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE TWENTY SIXTH DAY OF SEPTEMBER DARGA ABDULLAH,, AGED 43 YEARS, S/O. ALI SAHEB, R/O. D.NO. 4/455, MUNICIPAL HIGH SCHOOL ROAD, NANDYAL TOWN, ...PETITIONER DARGA SHAIK NAWAZ BASHA, aged about 34 years, S/o. Khaja A, Municipal High School Road, Nandyal Town ...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 allow I.A.No.484/2022 in A.S.No.35/2022 on the file of III Additional District and Sessions Judge, Nandyal by granting stay of all further proceedings in EP.No.74 of 2023 and EP.No.75 of 2023 in OS.No.98 of 2018 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 grant stay of all further proceedings in EP.No.74 of 2023 and EP.No.75 of 2023 in OS.No.98 of 2018 on the file of Principal Senior Civil 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 permit the petitioner/respondent to withdraw the deposited decretal amount in E.P No. 74 of 2023 & E.P No. 75 of 2023 in 0.S No. 98 of 2018 on the file of the Court of Principal Senior Civil Judge, Nandyal as per the directions of this Hon'ble Court in I.A 1 of 2023 in CRP No. 1636 of 2023, dated 07.07.2023, and pass Counsel for the Petitioner: 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent: 1. K RATHANGA PANI REDDY The Court made the following ORDER: Challenging the orders passed in IA.No.484 of 2022 in AS.No.35 of 2022, on the file of the Court of the learned III Additional District Judge, Kurnool at Nandyal, the present Civil Revision Petition is filed. 2. The petitioner before this Court is the defendant in O.S.No.98 of 2018 as well as the appellant in A.S.No.35 of 2022. 3. The facts of the case are that the respondent herein has filed O.S.No.98 of 2018 as against the petitioner for recovery of Rs.2,72,000/- towards arrears of rent from 26.4.2022 to 25.5.2018 and to deliver the vacant possession of the plaint schedule property. The said suit was decreed on 30.9.2022 as against the petitioner herein challenging which the petitioner has filed an appeal vide A.S.No.35 of 2022 on the file of the learned III Additional District Judge, Kurnool at Nandyal as well as filed I.A.No.484 of 2022 under Order XLI Rule 5(1) and Section 151 of CPC seeking stay of operation of the decree and judgment in O.S.No.98 of 2018. The said application was dismissed by the appellate Court vide orders dated 15.6.2023 challenging which the present Civil Revision Petition is preferred. 4. It is also the case of the petitioner that pending the appeal, the respondent/plaintiff has also filed Execution Petition vide E.P.Nos.74 and 75 of 2023. 5. Heard learned counsel for the petitioner and the respondent. 6. When the present Civil Revision Petition has come up for admission on 07.7.2023, this Court passed the following interim order: “Pending further orders, there shall be interim stay of all further proceedings in E.P.No.74 of 2023 & E.P.No.75 of 2023 in O.S.No.98 of 2018 on the file of the Court of Principal Senior Civil Judge, Nandyal, subject to the condition of petitioner depositing half of the decretal amount including costs, within a period of eight (08) weeks.” 7. Thereafter vide orders dated 30.11.2023, the respondent was also permitted to withdraw half of the decretal amount which was deposited by the petitioner before the Court below. 8. On a perusal of the orders passed in I.A.No.484 of 2022, it can be observed that the said I.A. was dismissed only on the sole ground of non- availability of the appeal suit records. The said application has been dismissed stating that it is just and proper on the part of the appellate Court to go through the contents of the registered gift deed as well as the revocation deed and without going through those documents it would not be possible to order stay of operation of decree. 9. As the said application has been dismissed on the sole ground of non- availability of the records, instead of keeping the revision petition pending, this Court feels it appropriate to allow the Civil Revision Petition and remand the matter back to the Appellate Court for passing fresh orders after calling for the record from the trial Court and pass appropriate orders in I.A.No.484 of 2022 in accordance with law within a period of two (02) months from the date of receipt of a copy of this order. As the petitioner has already deposited half of the decretal amount in pursuance of the interim orders granted by this Court dated 07.07.2023 and thereafter respondent has also withdrawn the said amount, there shall be a direction to the respondent/plaintiff not to insist for disposal of the E.P.Nos.74 and 75 of 2023 pending before the trial Court till passing of appropriate orders in I.A.No.484 of 2022 in AS.No.35 of 2022. 10. Accordingly, the present Civil Revision Petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date: 26.09.2025 TJN 156 THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 1636 OF 2023 Date: 26.09.2025 TJN