APHC010085952020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 813/2020 Between: 1. TADEPALLI SEETHAPATHY DIED, S/O.LATE SRI ADHISESHAIAH, AGED ABOUT 62 YEARS, R/O.D.NO.1-36-11, 2ND LANE, MARUTHI NAGAR, GUNTUR, GUNTUR DISTRICT 2. VALIVETI SAKUNTALA, W/O. LATE T.SEETHAPATHY, AGED 64 YEARS, R/O.D.NO.1-36-11, 2ND LANE, MARUTHI NAGAR, GUNTUR, GUNTUR DISTRICT. 3. VALIVETI SRIRAM MURTHY, S/O. LATE T.SEETHAPATHY, AGED 44 YEARS, R/O.D.NO.1-36-11, 2ND LANE, MARUTHI NAGAR, GUNTUR, GUNTUR DISTRICT. PRESENTLY RESIDING AT 13A RIVERTON DRIVE WEST, ROSSMOYNE, WESTERN AUSTRALIA. 4. VALIVETI SRIDHAR, S/O. LATE T.SEETHAPATHY, AGED 42 YEARS, R/O.334/2B, 9TH CROSS OF BYRASANDRA ROAD, NEW THIPPASANDRA, BANGALORE NORTH, BANGALORE, KARNATAKA STATE. ...PETITIONER(S) AND 1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, GUNTUR, REP.BY THE ADMINISTRATIVE OFFICER. 2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT. 3. V SAKUNTALA, W/O. T.SEETHAPATHY, AGED MAJOR, R/O.D.NO.1- 36-11, 2ND LANE, MARUTHI NAGAR, GUNTUR, GUNTUR 2 DISTRICT. ...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 to aggrieved by the imposing condition of deposit of 114th of suit amount into the court by decree and order dated 28.08.2019 passed in I.A.No. 341 of 2018 in O.S.No. 300 of 2005 on the file of the Court of the Principal Senior Civil Judge at Guntur, Guntur District by allowing the application to set aside the exparte decree dt 25-11-2017 IA NO: 1 OF 2020 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 all further proceedings including execution in O.S.No.300 of 2005 on the file of the Court of the Principal Senior Civil Judge at Guntur, Guntur District pending disposal of the above Revision Petition in this Honourable Court and pass 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 to bring the proposed petitioners No.2 to 4 herein on record as legal representatives of deceased 1 petitioner namely Tadepalli Seethapathy by adding as petitioners No.2 to 4 in C.R.P. No. 813 of 2011 and to pass Counsel for the Petitioner(S): 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR ARBITRATION 2. K SRINIVASA RAO The Court made the following: 3 Order:- The learned counsel appearing for the petitioners submits that the 1st petitioner passed away during the pendency of the Civil Revision Petition and his legal heirs have been brought on record in the Civil Revision Petition. 2. It is submitted that the 1st petitioner was contesting O.S. No. 300 of 2005 on the file of the Principal Senior Civil Judge, Guntur. The said suit was set ex parte on 25.11.2017. The 1st petitioner, during his lifetime, filed I.A. No. 341 of 2018 under Order IX Rule 13 seeking relief of setting aside the ex parte decree. The learned Judge allowed the I.A., subject to the petitioner therein, i.e., the 1st petitioner herein, depositing 1/4th of the suit amount into the Court. 3. It is submitted that this Court, while admitting the Civil Revision Petition, directed the 1st petitioner to deposit an amount of Rs. 25,000/- to the credit of the said suit. It is submitted that as the Court had not issued any challan, the 1st petitioner deposited Rs. 25,000/- by way of banker’s cheque. It is also submitted that the suit schedule property is under attachment and there is no apprehension of the petitioners escaping the decretal amount, if any. 4. The learned Government Pleader for Arbitration appearing on behalf of respondent Nos. 1 and 2 submits that the 1st petitioner was alleged to have misappropriated amounts and, as such, a suit for recovery of Rs. 6,43,221.09/- was filed. It is also submitted that considering the 4 allegations against the 1st petitioner, the learned Principal Senior Civil Judge had passed a reasoned order. 5. Heard the learned counsel appearing for the petitioners and the learned Government Pleader for Arbitration appearing for respondent Nos. 1 and 2. 6. The order passed by the learned Principal Senior Civil Judge, Guntur directing deposit of 1/4th of the suit amount would have to be set aside as this Court in C.R.P. No. 375 of 2014 had considered an identical issue wherein the trial Court directed deposit of 1/4th of the decretal amount. The said direction was imposed while considering an I.A. filed under Order IX Rule 13. This Court held that the suit costs can be directed to be deposited and modified the condition imposed with regard to depositing 1/4th of the suit amount. Following the same and also considering that the 1st petitioner has passed away, the trial may be completed expeditiously and the suit be decided on merits. 7. The order passed by the Principal Senior Civil Judge, Guntur in I.A. No. 341 of 2018 is modified to the extent of deposit already made by the petitioners into the Court and also considering the submission of the learned Government Pleader for Arbitration that the suit was filed in the year 2005, the learned trial Judge shall endeavor to complete the trial and decide the suit on merits as expeditiously as possible, preferably within a period of eight (08) months from the date of receipt of a copy of this order. 5 8. With these observations, this Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 11.02.2026 PNS