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2025 DAILYLAW 57195 (AP)

NELAPATI VENKAIAH v. CHIMMILI VENKATESWARLU

CRP/2468/2025 · 2025-10-09

Tarlada Rajasekhar Rao

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010465392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL REVISION PETITION No. 2468 of 2025 Between: 1. NELAPATI VENKAIAH, (DIED) 2. NELAPATI VEERAMMA, W/O LATE VENKAIAH, AGED ABOUT 75 YEARS, R/O. V.R.KOTA VILLAGE, LINGASAMUDRAM MANDAL, PRAKASAM DISTRICT. 3. 3. NELAPATI SRINIVASULU, S/O VENKAIAH, AGED ABOUT 58 YEARS, R/O. V.R.KOTA VILLAGE, LINGASAMUDRAM MANDAL PRAKASAM DISTRICT. 4. 4. NELAPATI MALYDRI, S/O. VENKAIAH, AGED ABOUT 55 YEARS, R/O. V.R.KOTA VILLAGE, LINGASAMUDRAM MANDAL PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. CHIMMILI VENKATESWARLU, S/O. NAGESWARA RAO, AGED ABOUT 51 YEARS, R/O. VEERA RAGHAVUNI KOTA VILLAGE, LINGASAMUDRAM MANDAL, PRAKASAM DISTRICT. 2. 2. CHIMMILI SULOCHANA, W/O. VENKATESWARLU, AGED ABOUT 45 YEARS, R/O. VEERA RAGHAVUNI KOTA VILLAGE, LINGASAMUDRAM MANDAL, PRAKASAM DISTRICT. ...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 to the above named petitioners beg to present the above Revision Petition in this Hon’ble Court aggrieved by the non 2 disposal of E.P.No.3 of 2024 in O.S.No.414 of 2016 on the file of the Court of the Principal junior Civil Judge at Kandukur, Prakasam District. Counsel for the Petitioner(S): 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. The Court made the following: 3 ORDER: The petitioners herein filed O.S.No.414 of 2016 on the file of the Principal Junior Civil Judge, Kandukur, Prakasam District, for the relief of permanent injunction. The said suit was decreed, vide decree and judgment dated 27.11.2019, granting permanent injunction restraining the defendants, their men, assignees and legal representatives from interfering with the peaceful possession and enjoyment of the plaintiffs and their men over the plaint schedule property. 2. The petitioners herein filed E.P.No.3 of 2024 to send notice to the J.Drs. under Order 21, Rule 22 of C.P.C. and notice under Order 21 Ruled 35(2) of C.P.C., simultaneously, and to prosecute the J.Drs.1 and 2 for the illegal act committed by them by obstructing the D.Hrs. in enjoying the EP schedule property and send the J.Drs.1 and 2 to civil prison as per law to render justice. The said E.P. was filed in the year 2024. As the said E.P. was not disposed of, the present Civil Revision Petition is filed seeking a direction to the Execution Court for early/ expeditious disposal of the E.P. 3. Learned counsel for the petitioners relied on the judgment of Hon’ble Supreme Court in Rahul S Shah Vs. Jinendra Kumar Gandhi and others reported in 2021 LiveLaw 232 SC, where the Hon’ble Apex Court directed the Execution Court to dispose of the execution proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay. 4 4. In the present case, the E.P. is filed in the year 2024. Therefore, this Court is inclined to direct the Executing Court to dispose of the E.P. keeping in view the judgment of the Hon’ble Apex Court referred supra. 5. With the above direction, the Civil Revision Petition is disposed of at the stage of admission. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, in this case shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 10.10.2025 siva 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL REVISION PETITION No.2468 OF 2025 Date: 10.10.2025 siva