1 APHC010246062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 1408/2026 Between: 1. BANDARU SANTHOSH,, S/O. RAMU AGED 33 YEARS, R/O. D. NO. 15-5-89 AND 15-5-90, PALURI VARI STREET, BHIMAVARAM. 534202 (1ST CLAIMANT) 2. BANDARU PAVAN KUMAR, , S/O. RAMU AGED 31 YEARS, R/O. D. NO. 15-5-89 AND 15-5-90, PALURI VARI STREET, BHIMAVARAM. 534202 ( 2ND CLAIMANT) 3. BANDARU SIVA KUMAR KUMAR,, S/O. RAMU AGED 30 YEARS, R/O. D. NO. 15-5-89 AND 15-5-90, PALURI VARI STREET, BHIMAVARAM. 534202 ( 3RD CLAIMANT) ...PETITIONER(S) AND 1. SHAIK AKIISHA, (DIED) (1ST D. HR.) 2. SHAIL BEGUM, . W/O. LATE AKALISHA, AGED ABOUT 47 YEARS, R/O. D. NO. 16-11-9/6, PPNDEY VARI STREET, WEDNESDAY MARKET BHIMAVARAM, WEST GODAVARI-534202 (2ND D. HR.) 3. SHAIK SHAJAHAN, S/O. LATE AKALISHA, AGED ABOUT 29 YEARS, R/O. D. NO. 16-11-9/6, PANDEY VARI STREET, WEDNESDAY MARKET BHIMAVARAM, WEST GODAVARI-534202 (3RD D. HR.) 2 4. SHAIK MUNNISA BEGUM, W/O. SHAIK SALEEM, ARAVALLI, ATTILI MANDAL, W.G.DIST. 534230 (4TH D.HR). 5. SHAIK KUMARI, W/O. MADDENA, NARASAPURAM, NARASAPURAM MANDAL W.G.DIST. 534275 (5TH D.HR). 6. BANDARU VEERA CHARYLU ALIAS VEERACHARI, S/O. RAMA MURTHY. AGED 67 YEARS, R/O. D.NO. 1-5-89/1A AND 2A, PALURI VARI STREET, BHIMAVARAM, BHIMAVARAM MANDAL, W.G.DIST. 534201 (DIED) (1ST J.DR). 7. BANDARU RAMU, SLO. VEERA CHARYLU @ VEERACHARI, AGED 47 YEARS,R/O. D.NO, 1-5-89/1A AND 2A, PALURI VARI STREET, BHIMAVARAM, BHIMAVARAM MANDAL, W.G.DIST. 534201 (2ND J.DR). 8. BANDARU SINIVAS, SLO. VEERA CHARYLU @ VEERACHARI. AGED 44 YEARS,R/O. D.NO 1-5-89/1A AND 2A, PALURI VARI STREET, BHIMAVARAM, BHIMAVARAM MANDAL, W.G.DIST. 534201 (3RDJ.DR). 9. BANDARU GANGARATNAM, W/O. VEERA CHARYLU @ VEERACHARI AGED 69 YEARS,R/O. D.NO. 1-5-89/1A AND 2A, PALURI VARI STREET, BHIMAVARAM, BHIMAVARAM MANDAL, W.G.DIST. 534201 (4THJ.DR). 10. CHIPPADA SATYAVATHI, WO. VEERACHARI, AGED 57 YEARS, SAINIK SCHOOL, KORUKONDA, VIJAYANAGARAM DISTRICT, 533289 (5TH J.DR). 11. SIMHADRI ARUNAKUMARI, W/O. RAVISHANKAR, AGED 43 YEARS, R/O. D. NO. 15-5-88, PALURI VARI STREET MARUTHI TALKIES, CENTER, GUNUPUDI. BHIMAVARAM, 534201 (6THJ.DR). 12. BANDARU RATNA KUMAR, S/O. SINIVAS, AGED 26 YEARS, RIO. D.NO. 15-5-89 AND 15-5-90 PALURI VARI STREET, BHIMAVARAM,BHIMAVARAM MANDAL, W.G.DIST, 13. BANDARU DIVYA BHAVANI, D/O. SINIVAS, AGED 25 YEARS, R/O. D. NO. 15-5-89 AND 15-5-90, PALURI VARI STREET, BHIMAVARAM, BHIMAVARAM MANDAL, W.G.DIST, 534201 3 14. BANDARU NAGA MANI, W/O. RAMU, AGED 52 YEARS, R/O. D. NO. 1-5-89/1A AND 2A, PALURI VARI STREET, BHIMAVARAM, BHIMAVARAM MANDAL, W.G.DIST, 534201 15. BANDARU USHA RANI, W/O. SRINIVAS, AGED 47 YEARS, R/O. D. NO. 1-5-89/1A AND 2A, PALURI VARI STREET, BHIMAVARAM, BHIMAVARAM MANDAL, W.G.DIST, 534201 ...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 topleased to set aside the impugned docket order dt. 29-04-2026, passed in (Un-numbered) E.A. No. /2026 in (Sr.No. 3909/2026) (Un-numbered) E.A. No. /2026 (Sr.No. 3906/2026) in E.P. no. 10/2015 in O.S. No. 22/2010, by the Learned Addl. District Judge Court, Bhimavaram, consequently direct the Learned III Addl. District Judge Court, Bhimavaram, to number the said E.A. /2026 filed under Order 21 Rule 26(1) and 29 R/w Section 151 CPC and dispose the same on merits and to pass Counsel for the Petitioner(S): 1. ANIL KUMAR DASARI Counsel for the Respondent(S): 1. 4 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA C.R.P.No.1408 of 2026 This Court made the following ORDER: Heard learned counsel for the petitioners. 2. Learned counsel for the petitioner submits that the petitioners herein are coparceners of the family of J.Dr in E.P.No.10 of 2015 in O.S.No.22 of 2010 and they filed suit for partition in O.S.No.30 of 2022 on the file of Senior Civil Judge, Bhimavaram for partition of suit schedule property which is the subject property of E.P.No.10 of 2015. After came to the knowledge about the E.P. proceedings, the petitioners herein filed claim application seeking stay of all further execution proceedings, but the Court below returned the application with the following objections vide docket order dated 29.04.2026: “1. Long Cause Title should be correctly noted. 2. How this order 21 Rule 26 C.P.C is maintainable which was filed by the Claimants. E.A.No.218/2022 i.e., order 21 Rule 58 C.P.C was disposed on 11.08.2023. 3. How the Respondents R-12 to R-15 add in petition as respondents should be explained. Time 7 days.” 5 3. The petitioners herein without resubmitting the said application which was returned on 29.04.2026 even though 7 days time was granted but filed present C.R.P on the ground of urgency since the matter is posted to today for confirmation of sale pursuant to the sale of auction already conducted on 02.03.2026. But today the matter came before this Court at 04:00 PM pursuant to the granting of Lunch Motion. The Court below might have been confirmed the sale since the matter is posted for confirmation of sale as on today. However, the limited issue for adjudication is since the claim application was returned, the same can be resubmitted and same would be considered by the Court below on merits as expeditiously as possible. 4. In view of urgency expressed by the learned counsel for the petitioners and due to return of the claim application, this Court is of the considered opinion that the present CRP can be disposed of directing the petitioners to resubmit the application by complying all the objections as narrated by the Court below on 29.04.2026 and after such resubmission the Court below shall receive and consider the same on merits at the earliest after providing an opportunity of hearing to both the parties. However, the Court below hereby directed not to proceed further i.e., not to deliver the possession of the subject E.P Schedule 6 property, confirmation of sale. Further, the Court below is also directed to dispose of the claim petition filed by the petitioners herein within a period of three (03) months from the date of receipt of a copy of this order and both parties hereby directed to cooperate for speedy adjudication without requesting any adjournment as undertaken before this Court. Failing which the Court below is at liberty to proceed further and complete the E.P proceedings in accordance with law. 5. With the above directions, the Civil Revision Petition is disposed of. No costs. Consequently, miscellaneous petitions, if any, pending in this CRP shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 01.05.2026 krk 7 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA C.R.P.No.1408 of 2026 DT: 01.05.2026 krk 42