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2026 DAILYLAW 15130 (AP)

PERAKALAPUDI RAMESH v. ANNAPUREDDY BRAHMA REDDY

CRP/131/2026 · 2026-01-30

R Raghunandan Rao

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010022822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] SATURDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 131/2026 Between: 1. PERAKALAPUDI RAMESH, S/O DAASU, AGED 55 YEARS, TEACHER R/O D.NO.8-16-7/2, MANGALDAS NAGAR MANAGALAGIRI ROAD, GUNTUR DISTRICT ...PETITIONER AND 1. ANNAPUREDDY BRAHMA REDDY, S/o Sambi Reddy, aged 63 years R/o Venigandia Village, Pedakakani Mandal Guntur District ...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 toThe above named Petitioner begs to present this Memorandum of Civil Revision Petition having been aggrieved by the docket order dt. 20-11- 2025 passed in E.P. No.74 of 2023 in O.S. No.611 of 2015 on the file of the Court of the IV Additional District Judge, Guntur for the following grounds among other IA NO: 1 OF 2026 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 Pleased to dispense with the filing of certified copy of docket order dt. 20-11- 2025 passed in E.P. No.74 of 2023 in O.S. No.611 of 2015 on the file of the Court of the IV Additional District Judge, Guntur pending disposal of the above Civil Revision Petition, and pass 2 RRR, J C.R.P.No.131 of 2026 IA NO: 2 OF 2026 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 pleased to grant stay of all further proceedings pursuant to docket order dt. 20-11-2025 passed in E.P. No.74 of 2023 in O.S. No.611 of 2015 on the file of the Court of the IV Additional District Judge, Guntur, including the auction scheduled on 20-01-2026, pending disposal of the above Civil Revision Petition, and paSS Counsel for the Petitioner: 1. ALAPATI LALITH NIKHIL Counsel for the Respondent: 1. Y SUDHAKAR 3 RRR, J C.R.P.No.131 of 2026 The Court made the following Order: Heard Sri Alapati Lalith Nikhil, learned counsel appearing for the petitioner and Sri Y. Sudhakar, learned counsel appearing for the respondents. 2. The property of the petitioner, admeasuring 90 Sq. Yards of land in D.No.404 of Guntur Village along with an R.C.C. house corresponding to D.No.8-16-7/2 with Municipal Assessment No.51264G/1, was put up for sale in E.P.No.74 of 2023 on the file of learned IV Additional District & Sessions Judge, Guntur. The petitioner sought to resist the sale on the ground that the said property is listed under the Prohibitory List, maintained under Section 22- A of the Registration Act, 1908 and consequently, the said property cannot be sold. 3. When the matter came up for hearing today, this Court was informed that the Decree Holder has been declared as successful auction purchaser and steps are being taken for issuance of a sale certificate on 03.02.2026. 4. A perusal of the certificate given by the Public Information officer and Joint Sub Registrar-1, Guntur, dated 27.06.2025, would show that the land belonging to M/s. Andhra Trade Development, situated in this survey number, has been incorporated in the Prohibitory List. The Prohibited Property Report, issued by the Joint Sub-Registrar states that an extent of 23126 4 RRR, J C.R.P.No.131 of 2026 meters/yards in Sy.No.404 had been included in the Prohibitory List, by a notification, dated 26.06.2016. This report also states that some conditional exemption orders have already been issued. The details of these orders have not been placed before this Court. 5. Another aspect that needs to be taken into account is the publication of the auction notice which states that D.No.404 is an extent of Ac.9.16 cents and that the property that was the subject matter of the auction is about 90 Sq.yards of land in an extent of Ac.2.00 out of the Ac.9.16 cents. This would also correspond to the extent of 23126 Sq.meters/yards of land which has been included in the Prohibited Property Report. 6. This Court is not in a position to make out whether the aforesaid property, which was the subject matter of the auction, falls within the prohibited extent of 23126 Sq.meters/yards or falls outside the said area. 7. In such circumstances, it would be appropriate to dispose of this Civil Revision Petition with the observation that the sale certificate issued by the Executing Court to the Decree Holder shall be presented to the concerned Sub-Registrar of Registration within one (01) week on receipt of such certificate. Upon such certificate being produced, it would be open to the Sub- Registrar to accept the said certificate and make necessary entries if the said lands fall outside the land described in the Prohibitory List. In the event the Sub-Registrar observes that the land falls within the extent which has been placed in the Prohibitory List, it would be open to the petitioner herein to 5 RRR, J C.R.P.No.131 of 2026 approach the Executing Court to place the necessary facts before the Executing Court and for completion of the auction process. 8. Accordingly, this Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J 31.01.2026 MJA 6 RRR, J C.R.P.No.131 of 2026 156 HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 131/2026 31.01.2026 MJA