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2025 DAILYLAW 50214 (AP)

KADIRI SUNITHA DEVI v. SK AMEER BASHA

CRP/1321/2019 · 2025-09-23

Harinath N

body2025

Judgment text

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APHC010154882019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 1321/2019 Between: 1. KADIRI SUNITHA DEVI, W/O. MURALIDARA DEVARAYULU, AGED ABOUT 38 YEARS, HINDU, R/O. DOOR NO. 14/815, SANGAMPET, KADAPA CITY. ...PETITIONER AND 1. SK AMEER BASHA, S/O. SHAIK MOHAMMAD ALI, AGED ABOUT 55 YEARS, OCC BUSINESS R/O. 11/116-5, AMEEN PEER ROAD, KADAPA CITY 2. KAKARLA VENKATA RAGHAVENDRA, S/O. RAMAIAH, AGED BOUT 36 YEARS, OCC BUSINESS R/O. DOOR NO. 14/415, SANGAMPET, KADAPACITY ...RESPONDENT(S): 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 toto call for the records relating to order Dated 25/4/2019 passed in EA NO. 590/2018 in EP No. 91/2018 in OS NO. 105/2015 on the file of Principal District Judge, Kadapa and examine the legality, propriety and correctness of the same and consequently set aside the same by allowing the revision in the interest of justice and to pass -2- HN, J C.R.P.No.1321_2019 IA NO: 1 OF 2019 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 order stay of all further proceedings in EP No. 91/2018 in OS NO. 105/2015 on the file of Principal District Judge, Kadapa including public auction of EP schedule property proposed to be held on 4.6.2019 pending disposal of CRP in the interest of justice and to pass Counsel for the Petitioner: 1. A SREEDHAR Counsel for the Respondent(S): 1. KADASANI SUDERSHAN REDDY 2. SUBBA RAO GUDDATI -3- HN, J C.R.P.No.1321_2019 THE HON’BLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION No.1321 OF 2019 ORDER: 1. The petitioner is aggrieved by the order passed in E.A.No.590 of 2018 in E.P.No.19 of 2018 in O.S.No.105 of 2015, whereby the learned Principal District Judge, Kakinada, vide order dated 25.04.2019, dismissed the E.A. filed by the petitioner seeking to sale of attached property in respect of petitioner’s schedule property and dismissed the E.P. The learned District Judge held that the petitioner was not entitled to the relief as sought for. 2. The learned counsel for the petitioner submits that subsequent to the dismissal of the E.A., the suit scheduled property was registered in the name of the petitioner by the Court itself in E.P.No.415 of 2019 in O.S.No.96 of 2015. As such, the claim of the petitioner over the suit scheduled property had been duly registered by way a registered sale deed by the Court below. The cause for attachment of the property in E.P.No.91 of 2018 no longer subsists. It is submitted that the petitioner would appear before the trial Court, produce a copy of the sale deed executed, and seek appropriate orders. There has been no representation for the respondent on several previous occasions. 3. Considering the submissions of the learned counsel for the petitioner that the suit scheduled property of O.S.No.105 of 2015 has -4- HN, J C.R.P.No.1321_2019 already been transferred in the name of the petitioner, this Court is of the considered view that the present Civil Revision Petition deserves to be allowed, leaving it open for the petitioner to submit a copy of the sale deed before the trial Court. 4. Accordingly, the present civil revision petition is allowed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.24.09.2025 NKA -5- HN, J C.R.P.No.1321_2019 385 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 1321 of 2019 Date: 24.09.2025 NKA