IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE TWENTYEIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NOS: 476 & 482 OF 2025 CIVIL REVISION PETITION NO: 476 OF 2025 Petition under Section 115 of C.P.C., aggrieved by the Order dated 09.01.2025 passed in E.A.No. 18 of 2024 in E.P.No. 01 of 2023 in O.S.No. 226 of 2015 in the court of the Principal Civil Judge (Junior Division), Narsipatnam. Between: Animireddi Sambamurthy, S/o.Late Pydiyya, Hindu, aged about 59 years. School Asst, PBM Z.P. High School, Vemulapudi Village, Narsipatnam Mandal, Anakapalli District. ...Petitioner/Petitioner/J.Dr/Defendant AND 1. Medisetty Ramanamma, W/o.Sanyasinaiadu @ China babulu, Hindu, aged about 41 years, Anganwadi teacher, Pakalapadu village, Golugonda Mandal, Anakapalli District. ...Respondent/Respondent/D.Hr/Plaintiff 2. Head Master, PBM, Z.P, High School, Vemulapudi Village, Anakapalli District (Garnishee). ...Respondent/Garnishee lA NO: 1 OF 202fi Petition under Section 151 CPC praying that in the circumstances statfd in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of E.P.No. 1 of 2023 in O.S.No. 226 of 2015 in the court of the Principal Civil Judge (Junior Division), Narsipatnam pending the Civil Revision Petition. Counsel for the Petitioner: Smt. T V Sri Devi Counsel for the Respondent No.1: M/s T D Pani Kumar Counsel for the Respondent No.2: None Appeared CIVIL REVISION PETITION NO: 482 OF 2025 Petition under Section 115 of C.P.C., aggrieved by the order dated 09.01.2025 passed in E.A.No. 17 of 2024 in E.P.No. 01 of 2023 in O.S.No. 226 of 2015 in the court of the Principal Civil Judge (Junior Division), Narsipatnam. Between: Animireddi Sambamurlhy, S/o.Late Pydiyya, Hindu, aged about 59 years. School Asst, PBM Z.P. High School, Vemulapudi Village, Narsipatnam Mandal, Anakapalli District. ...Petitioner/Petitioner/Defendant AND Medisetty Ramanamma, W/o.Sanyasinaiadu @ China babulu, Hindu, aged about 41 years, Anganwadi teacher, Pakalapadu village Golugonda Mandal, Anakapalli District. ...Respondent/Respondent/Plaintiff lA 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 to grant stay of E.P.No. 1 of 2023 in O.S.No. 226 of 2015 in the court of the Principal Civil Judge (Junior Division), Narsipatnam pending the Civil Revision Petition. Counsel for the Petitioner: Smt. T V Sri Devi Counsel for the Respondent: M/s T D Pani Kumar The Court made the following Order: 1 RRR,J C.R.P.NOS.476& 482/2025 APHC010077172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 476 & 482 of 2025 C.R.P.No.476/2025 Between: ...PETITIONER Animireddi Sambamurthy AND ...RESPONDENT(S) Medisetty Ramanamma and Others Counsel for the Petitioner: 1.TVSRI DEVI Counsel for the Respondent(S): 1.TD PANI KUMAR CIVIL REVISION PETITION NO: 482/2025 Between: Animireddi Sambamurthy ...PETITIONER AND ...RESPONDENT Medisetty Ramanamma Counsel for the Petitioner: 1.TV SRI DEVI Counsel for the Respondent: 1. ^ RRR,J C.R.P.Nos.476 & 482/2025 The Court made the following Order; As both the revision petitions ari disposed of by this common order. arise out of the same set of facts, they are Heard Smt. T.V. Sridevi, learned counsel and Sri T.D. Phani Kumar, learned appearing for the petitioner counsel appearing for the respondent. 2. The respondent herein had filed E.P.No. 1 of 2023 on the file of the Principal Civil Judge, (Junior Division) District, for Narsipatnam, Visakhapatnam recovery of a suro of Rs,2,51,348/- along with interest, from the petitioner herein, on the basis of a decree obtained in O.S.No.226 of 2015. 3. The petitioner had not filed his counter affidavit adjournments being granted for filing of counter despite number of affidavit. 4. The Executing Court had, thereupon, forfeited petitioner to file a counter affidavit. Aggrieved by the E.A.No.17 of 2024 for setting aside the earlier the petitioner to file his dismissed, on 09.01.2025. the right of the same, the petitioner filed order of forfeiture and to permit counter affidavit. This application came to be 5. It may also be noticed that the Executing Court, forfeiting the right of the petitioner garnishee order in E.P.No 1 of 2023 payr^ent of the decretal amounts. The petitioner had also 2024 for stay of garnishee order, pending the filing of counter. earlier while to file a counter, had also issued a attaching the salary of the petitioner for moved E.A.No.18 of 3 RRR,J C.R.P.Nos.476 & 482/2025 6. The Executing Court rejected this application on the ground that the petitioner had lost his right to file counter in view of the orders of the Executing Court in E.A.No.17 of 2024. 7. The petitioner has now filed C.R.P.No.482 of 2025 to set aside the order in E.A.No.17 of 2024 and C.R.P.No.476 of 2025 is filed to set aside \ the order in E.A.No.18 of 2024. 8. Though, the order of the Executing Court in forfeiting the right of the petitioner to file a counter is well founded in view of the conduct of the petitioner, it is also necessary to ensure that every party is given an adequate opportunity to defend himself. In the present case, the petitioner contends that he has a valid defense against the Execution Petition and that he would suffer grievous and irreparable injury unless he is permitted to set forth his case. 9. In the circumstances, these civil revision petitions are allowed with the following directions. 10. 1. The orders in E.A.Nos.17 and 18 of 2024 are set aside and the petitioner is permitted to file his counter. 2. This order is subject to the condition of the petitioner filing his counter within one week from today. 3. Thereafter, the Executing Court shall decide E.A.No.18 of 2024 within a period of two weeks from the date of receipt of this order. 4 r c D t- R.P,Nos.476 & 482/2025 There shall be miscellaneous applications, no order as to costs. As a if any, shall stand closed. sequel, pending Sd/- K SRINIVASA RAJU assistant REGI^AR //TRUE COPY// sectTon officer To. 1- The Principal Civil Judge (Junior Division) Visakhapatnam District. 2. One CC to Smt. T V Sri Devi 3. One CC to M/s T D Pani Kumar, 4. Three CD Copies ■ Narsipatnam Advocate fOPUC] Advocate [OPUCJ SAM vna \ HIGH COURT DATED:28/03/2025 \ COMMON ORDER CRP.Nos.476 & 482 of 2025 S' 07AfK2l25 I ^ . Current Section ALLOWING THE CIVIL REVISION PETITIONS WITHOUT COSTS