APHC010583502025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NINALA JAYASURYA CIVIL REVISION PETITION No: Between: SMT.A.JYOTHI, D/O.A.SRINIVASULU, HINDU, AGED ABOUT 55 YEARS, RESIDING AT SAI NAGAR COLONY, CHITTOOR, REPRESENTED BY HER POWER OF ATTORNEY, AGENT SRI C.H.RAJASEKHAR, S/O.VIJAYARAGHAVULU, AGED 72 YEARS CIRCLE INSPECTOR OF POLICE (NOW ON LEAVE), SAI NAGAR COLONY, CHITTOOR, PRESENT ADDRESS H.NO.2 SULAIMAN COLONY, K.R.PALLI, CHITTOOR TOWN 1. M/S.PUNGANUR COLD STORAGE PVT LTD, RAMPALLE, PUNGANUR, CHITTOOR DISTRICT REP. BY ITS MANAGING DIRECTOR, K. NAGABUSHANAM, AGED 66 YEARS. 2. K.NAGARAMUNI, S/O.SUBBAIAH. AGED 72 YEARS, HINDU. 3. K.NAGARAJU, S/O.SUBBAIAH. AGED 70 YEARS, HINDU. 4. K.NAGENDRA, S/O.SUBBAIAH. AGED 69 YEARS, HINDU. 5. K.NAGARATHNAM, S/O.SUBBAIAH. AGED 75 YEARS, HINDU. ALL RESIDENTS AT NAGAPALYAM PUNGANUR, CHITOOR DISTRICT. 6. SMT K ALIMELAMMA, W/O.NAGARATHNA AGED 71 YEARS, HINDU. 7. K NAGESH, S/O.NAGARATHNAM, AGED 48 YEARS, HINDU. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA CIVIL REVISION PETITION No: 2942 of 2025 A.JYOTHI, D/O.A.SRINIVASULU, HINDU, AGED ABOUT 55 YEARS, RESIDING AT SAI NAGAR COLONY, CHITTOOR, REPRESENTED BY HER POWER OF ATTORNEY, AGENT SRI C.H.RAJASEKHAR, S/O.VIJAYARAGHAVULU, AGED 72 YEARS CIRCLE INSPECTOR OF POLICE (NOW ON LEAVE), SAI NAGAR COLONY, CHITTOOR, PRESENT ADDRESS H.NO.2-629, SOWKAR SULAIMAN COLONY, K.R.PALLI, CHITTOOR TOWN-517001. AND M/S.PUNGANUR COLD STORAGE PVT LTD, RAMPALLE, CHITTOOR DISTRICT REP. BY ITS MANAGING DIRECTOR, K. NAGABUSHANAM, AGED 66 YEARS. NAGARAMUNI, S/O.SUBBAIAH. AGED 72 YEARS, HINDU. NAGARAJU, S/O.SUBBAIAH. AGED 70 YEARS, HINDU. NAGENDRA, S/O.SUBBAIAH. AGED 69 YEARS, HINDU. NAGARATHNAM, S/O.SUBBAIAH. AGED 75 YEARS, HINDU. ALL RESIDENTS AT NAGAPALYAM PUNGANUR, CHITOOR DISTRICT. SMT K ALIMELAMMA, W/O.NAGARATHNA AGED 71 YEARS, HINDU. K NAGESH, S/O.NAGARATHNAM, AGED 48 YEARS, HINDU. IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) [3209] FRIDAY, THE SEVENTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE NINALA JAYASURYA 2942 of 2025 A.JYOTHI, D/O.A.SRINIVASULU, HINDU, AGED ABOUT 55 YEARS, RESIDING AT SAI NAGAR COLONY, CHITTOOR, REPRESENTED BY HER POWER OF ATTORNEY, AGENT SRI C.H.RAJASEKHAR, S/O.VIJAYARAGHAVULU, AGED 72 YEARS, WORKING AS CIRCLE INSPECTOR OF POLICE (NOW ON LEAVE), SAI NAGAR 629, SOWKAR 517001. …..Petitioner M/S.PUNGANUR COLD STORAGE PVT LTD, RAMPALLE, CHITTOOR DISTRICT REP. BY ITS MANAGING NAGARAMUNI, S/O.SUBBAIAH. AGED 72 YEARS, HINDU. NAGARAJU, S/O.SUBBAIAH. AGED 70 YEARS, HINDU. NAGENDRA, S/O.SUBBAIAH. AGED 69 YEARS, HINDU. NAGARATHNAM, S/O.SUBBAIAH. AGED 75 YEARS, HINDU. ALL RESIDENTS AT NAGAPALYAM PUNGANUR, CHITOOR DISTRICT. SMT K ALIMELAMMA, W/O.NAGARATHNA AGED 71 YEARS, HINDU. K NAGESH, S/O.NAGARATHNAM, AGED 48 YEARS, HINDU. 2 8. K.NAGAVENI, W/O.T.MANJUNATH, AGED 53 YEARS, HINDU NO.6 TO 8 ARE HINDU BUSINESS, UNDER THE NAME AND STYLE OF TIRUMALA GLASS AND PLYWOOD, PUNGUNNUR TOWN NO.6 TO 8 ADDED AS PER ORDERS IN I.A. No.410 OF 2003 DT.25.01.2006. ...RESPONDENT(S): Counsel for the Petitioner: 1. Mr.G.V.S.KISHORE KUMAR Counsel for the Respondent(S): -None- 3 The Court made the following Order: The present Civil Revision Petition is filed under Article 227 of the Constitution of India aggrieved by the non-disposal of E.P.No.2 of 2022 in O.S.No.6 of 2002 on the file of the Court of II Additional District Judge, Madanapalle. 2. Heard the learned counsel for the petitioner. Notice to the respondents is deemed not necessary in the facts and circumstances of the case. 3. The petitioner is the decree holder in O.S.No.6 of 2002. The suit was filed on the basis of promissory note and after a detailed trial, the suit was decreed on 13.12.2017 for sum of Rs.11,15,000/- with interest and costs. Seeking to execute the said decree, the petitioner initiated Execution Proceedings. 4. The learned counsel for the petitioner submits that though the suit was decreed as long as back in the year 2017 and an application seeking for delivery of the E.P.property was filed on 28.01.2022, the same has not been disposed of so far on the ground that an appeal i.e., A.S.No.2082 of 2018 is pending before the High Court. He submits that as per XLI Rule 5 of Code of Civil Procedure (for short ‘C.P.C.’), mere pendency of an appeal does not operate as a stay of execution, unless an express order of stay is granted by the appellate court. He submits that the Executing Court erred in keeping the E.P., at the stage of ‘filing counter’, denying the Decree Holder the legitimate fruits of the decree, which amounts to failure to exercise jurisdiction and 4 material irregularity as per procedure contemplated under Section 115 of C.P.C. He submits that the Executing Court ought to have been carried the proceedings by issuing notice under Order XXI Rule 22 of C.P.C., and subsequent process for attachment and recovery. He submits that unless a direction is issued to the learned Executing Court, the petitioner would suffer serious prejudice and great hardship. 5. Considering the submissions made, this Court keeping in view that the decree was passed in the year 2017, is inclined to dispose of the Civil Revision Petition with a direction to the learned II Additional District Judge, Madanapalle, to dispose of E.P.No.2 of 2022 in O.S.No.6 of 2002 by following due procedure, as expeditiously as possible. 6. With the above direction, the Civil Revision Petition is disposed of. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. _____________________ NINALA JAYASURYA, J Date: 07.11.2025 BLV 5 THE HON’BLE SRI JUSTICE NINALA JAYASURYA C.R.P.No.2942 of 2025 Date: 7.11.2025 BLV 6