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2026 DAILYLAW 10033 (AP)

C.SUBRAMANYAM v. G.SAILAJA

CRP/2351/2019 · 2026-09-07

A Hari Haranadha Sarma, D Ramesh

body2026

Judgment text

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1 APHC010251132019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL REVISION PETITION NO: 2351 OF 2019 Between: 1. C.SUBRAMANYAM, S/o.Challa Venakta Swamy, Aged about 68 years, Hindu, R/o.Isuka Thogeli Village, Yerpedu Mandal, Chittoor District. ...Petitioner AND 1. G SAILAJA, W/o.G.Bhaskar, 46 years 46 years, Hindu, R/o.Dr.No.1-5-581, Plot No.204, Goutham Paradise, Balaji Colony, Tiurpati Town, Tirupati Urban Mandal, Chittoor Dist 2. C Narayanaswamy, S/o.Challa Venkata Swamy, Aged about 76 years, Hindu, Residing at Isuka Thogeli Village, Yerpedu Mandal, Chittoor District. 3. C Lakshmamma, W/o.late Challa Lakshmaiah, Aged about 76 years, Hindu, R/o.Isuka Thogeli Village, Yerpedu Mandal, Chittoor District. 2 4. C Venkatesulu, S/o.late Challa Lakshmaiah, Aged about 39 years, Hindu, R/o.Isuka Thogeli Village, Yerpedu Mandal, Chittoor District. 5. C Seenu, S/o Challa Subramanyam, 35 years, Hindu R/o Isuka Thogeli Village, Yerpedu Mandal, Chittoor District. 6. P Venkataramana, S/o.Pacha Ganapathi, Aged about 35 years, R/o. Plot No.17, Royal Nagar, R.C.Road, Tirupati Town, Chittoor District. 7. Chalia Chenchaiah, S/o.Challa Naguraiah, Aged about 37 years, R/o. Ramapuram Post, Isuka Thageli Panchayat, Erpedu Mandal, Chittoor District. 8. Challa Vnekateswarlu, S/o.late Challa Lakshmiaha, Aged about 56 years, R/o.Isuka Thogeli Village, Yerpedu Mandal, Chittoor District. 9. U Sampoornamma, W/o.late U.Rajaiha, Aged about 60 years, residing at Vaddimitta Villagew, Renigunta Mandal, Chittoor District. ...Respondents Counsel for the Petitioner: N SUBBA RAO Counsel for the Respondents: T JANARDHAN RAO The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH AND THE HONOURABLE SRI JUSTICE A.HARI HARANADHA SARMA CIVIL REVISION PETITION No. 2351 OF 2019 ORDER: (Per Hon’ble Sri Justice D.Ramesh) The present revision is filed by the 4th defendant aggrieved by the order dated 04.06.2019 passed in I.A.No.274 of 2018 in O.S.No.36 of 2008 on the file of the Court of III Additional District Judge, Tirupati. 2. After disposal of the said suit vide judgment dated 23.01.2018, defendant Nos.1 and 3 to 5 have filed I.A.No.274 of 2018 in O.S.No.36 of 2008 to permit them to deposit an amount of Rs.6,42,500/- to the credit of the suit account to comply with the judgment of the Court by issuing A Challan to payment of the said amount. The said I.A. was dismissed only on the ground that there was no specific direction in the decree that the defendants have to deposit the amount before the Court and there was no material or information before the Court below and after the judgment and decree, defendant Nos.1 and 3 to 5 made an attempt to pay the proposed amount to the 1st respondent/plaintiff and in spite of that she refused to receive the 4 same. As there was no specific direction in the decree to deposit the proposed amount in the Court, the said I.A. was dismissed. 3. The learned counsel for the petitioner has contended that consequent to the disposal of the suit, defendant Nos.1 and 3 to 5 have already deposited the advance amount of Rs.5,00,000/- before the Court below as per the order dated 22.10.2016 in I.A.No.513 of 2016. 4. When that being the position, when defendant Nos.1 and 3 to 5 are ready to comply with the orders of the judgment and decree, strangely, the Court below has rejected the same only on the ground that no such deposit was ordered in the decree. In fact, the suit was partly decreed with a specific direction to refund the advance amount of Rs.5,00,000/- with interest at 12% per annum from the date of agreement of sale till the date of realization. That itself clearly obligated defendant Nos.1 and 3 to 5 to pay the amount of Rs.5,00,000/- along with interest at 12% per annum. As defendant Nos.1 and 3 to 5 have already deposited an amount of Rs.5,00,000/- as per the order dated 22.10.2016 in I.A.No.513 of 2016, now the petitioner calculated the interest at the rate of 12% per annum in terms of the decree. 5 In the said circumstances, though A.S.No.1306 of 2018 is pending, till the disposal of the appeal, the said amount should be deposited in the account of the suit along with the amount which was already deposited in terms of the order dated 22.10.2016 in I.A.No.513 of 2016. 5. Though the learned counsel for the 1st respondent/plaintiff has opposed with regard to the decree is subject to the appeal, the Court below has rightly considered and dismissed the application filed by defendant Nos.1 and 3 to 5. 6. Considering the submissions and also on perusal of the record, this Court is of the opinion that as per the decree, when defendant Nos.1 and 3 to 5 have already deposited the advance amount of Rs.5,00,000/- as per the order dated 22.10.2016 in I.A.No.513 of 2016, the interest component also shall be deposited in the same account and both the amounts shall be kept in Fixed Deposit Receipts (FDRs) till the disposal of A.S.No.1306 of 2018 pending before this Court. 7. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. 6 As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH _________________________________________ JUSTICE A.HARI HARANADHA SARMA Date: 08.09.2026 Ivd Whether the order is: Speaking Yes Reasoned No Reportable No Non-reportable Yes 7 THE HONOURABLE SRI JUSTICE D.RAMESH AND THE HONOURABLE SRI JUSTICE A.HARI HARANADHA SARMA CIVIL REVISION PETITION No. 2351 OF 2019 Dated: 08.09.2026 Ivd