Extracted from the PDF above. The PDF is authoritative.
APHC010143472025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE 17th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CIVIL REVISION PETITION NO: 816/2025 Between:
1. A RAVINDRAVARA KUMAR, S/O A. YOGESWAR REDDY, AGED ABOUT 53 YEARS, OCCUNEMPLOYED RESIDING AT D. NO. 76/111/2, S. B. I. COLONY, NIRMAL NAGAR KURNOOL.
...PETITIONER A N D
1. M JAYARAMI REDDY, S/o M. Venkata Reddy, Aged about 62 Years, Occ Retired Employee, Residing at Flat No. 201, D. No. 87/1151/4, Shiva Nivas Nagireddy Revenue Colony, Kurnool.
...RESPONDENT 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 aggrieved by the Order Passed in E. P. No. 88 OF 2023 in O. S. No. 57 of 2020 on the file of the Honble Principal Senior Civil Judge, Kurnool dated 22-01-2025 wherein the Honble Court has allowed the EP filed by the Decree Holder under
Order 21 Rule 54, 66 of CPC and directed to attach the E. P. Schedule Properties towards realization of E. P. Amount
IA 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
IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,
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2 the High Court may be pleased to extend the interim order dt.08-04- 2025 in lA No.1 of 2025 in CRP No. 816 of 2025 pending disposal of the main C.R.P. and pass
Counsel for the Petitioner:
1. V NITESH Counsel for the Respondent:
1. NAGARAJU NAGURU
The Court made the following:
SRK, J CRP No.816 of 2025
3 O R D E R
The present Civil Revision Petition came to be filed, challenging the Order dated 22.01.2025 passed in E.P.No.88 of 2023 in O.S.No.57 of 2020 by the learned Principal Senior Civil Judge, Kurnool (for brevity „the Executing Court‟), whereby and whereunder, the Executing Court allowed the aforesaid Execution Petition at the stage of Order XXI Rule 54 of the Code of Civil Procedure, 1908 (for brevity „CPC‟). 2. Petitioner herein is the Judgment-debtor (J.Dr), and respondent herein is the Decree-Holder (D.Hr), in E.P.No.88 of 2023 in O.S.No.57 of 2020 pending on the file of the Executing Court. The parties herein are referred to, as they were arrayed in the EP proceedings pending before the Executing Court. 3. D.Hr is the plaintiff in O.S.No.57 of 2020 on the file of the learned Principal Senior Civil Judge, Kurnool filed against the J.Dr/defendant, for recovery of an amount of Rs.20,97,600/- with subsequent interest. The said suit was decreed in favour of D.Hr/ plaintiff vide Judgment and Decree dated 24.08.2023. Subsequently, the D.Hr/plaintiff filed E.P.No.88 of 2023 in O.S.No.57 of 2020 on the file of the Executing Court against the J.Dr/defendant for realization
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4 of the EP debt, by way of attachment and sale of the EP schedule property under Order XXI Rules 54, 66 and 68 of CPC. 4. The Executing Court vide Order dated 22.01.2025, allowed the E.P.No.88 of 2023 at the stage of Order XXI Rule 54 of CPC.
Aggrieved of the said order, the present Revision Petition came to be filed. 5. This Court vide Order dated 08.04.2025 passed the following order in I.A.No.1 of 2025, which is extracted hereunder:
“For the reasons stated in the accompanying affidavit, the impugned order is suspended on the condition that the petitioner shall pay the respondent 25% of the E.P. amount within four (04) weeks and another 25% of the EP amount within four (04) weeks (i.e. eight weeks from today) thereafter, failing which the interim order stands vacated without any further order.”
6. A perusal of the proceedings goes to show that on 29.04.2025, it was represented by Sri Shaik Omer Qaiyum, learned counsel for the petitioner that as there was still time, the condition in the Order dated 08.04.2025 passed by this Court in I.A.No.1 of 2025 would be complied. 7. While the matter is pending for compliance of the Order dated 08.04.2025, the petitioner/J.Dr filed I.A.No.2 of 2025 seeking the Court to extend the time stipulated in interim order dated
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5 08.04.2025 passed in I.A.No.1 of 2025 in CRP No.816 of 2025 contending that the petitioner/J.Dr had deposited 1st instalment in the Court, and had obtained demand draft in the name of D.Hr towards second instalment of payment, as this Court ordered in I.A.No.1 of 2025 to pay 25% of EP amount within four weeks from 08.04.2025, and another 25% within four weeks thereafter, but the Executing Court returned the memo filed along with the demand draft on 16.06.2025, on the ground that instead of depositing the money into Court account, demand draft was filed. 8. This Court vide Order dated 24.06.2025 passed the following order in I.A.No.2 of 2025:
“Under these circumstances, the time stipulated in the order dated 08.04.2025 in I.A.No.1 of 2025 in CRP No.816 of 2025 for the second payment is extended till
01.07.2025.
Meanwhile, the petitioner shall hand over the D.D.No.61098 dated 06.06.2025 for Rs.6,65,497/- to the respondent under due acknowledgment and submit the acknowledgment before the Execution Court.”
9. A perusal of the proceedings further goes to show that on 08.07.2025, learned counsel for the petitioner represented that the Order dated 24.06.2025 had been complied with. Again, on 07.10.2025, learned counsel for the petitioner represented that the
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6 petitioner is making efforts to get the matter settled and sought some more time, for which, Sri Challa Siva Sankar, learned counsel appeared through virtual mode, reported no objection for settlement, and accordingly, the matter was posted to 04.10.2025. 10. Today, when the matter has come up before this Court,
learned counsel for the petitioner/J.Dr seeks the Court to grant some time to pay the balance EP debt.
11. A perusal of the material on record goes to show that the petitioner/J.Dr complied with the Order dated 08.04.2025 passed by this Court, by paying 50% of the EP amount to the respondent/ D.Hr, and represented that efforts were being made to get the matter settled. Furthermore, earlier, when the matter has come up before this Court, learned counsel for respondent/D.Hr reported no objection for settlement of the matter with the petitioner/J.Dr. Therefore, having regard to the aforesaid facts and circumstances of the case, this Court directs the petitioner/J.Dr to pay the balance EP debt to the respondent/J.Dr within a period of eight (08) weeks from the date of receipt of a copy of this order. In the event of making such payment, the impugned order dated 22.01.2025 passed in E.P.No.88 of 2023 in O.S.No.57 of 2020 by the learned Principal Senior Civil Judge, Kurnool shall stand set-aside, and the EP shall
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7 stand closed. In the event of failure to comply with the aforesaid condition, this order will not enure to the benefit of the petitioner/ J.Dr. The respondent/D.Hr is at liberty to proceed with the execution petition proceedings further, for realization of the balance EP debt.
12. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs of the Revision Petition. As a sequel, interlocutory applications pending, if any, in the Revision Petition shall stand closed.
JUSTICE K. SREENIVASA REDDY 17th September, 2026. DNB/ASN