APHC010092152026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 696/2026 Between: 1. GORREMUCHU SEKHAR BABU,, S/O SAMSON, AGED ABOUT 28 YEARS, R/O GOLLAPALEM VILLAGE, CHIRALA MANDAL, BAPATLA DISTRICT, A.P. ...PETITIONER AND 1. KONANGULA KAMESWARI, W/O LATE SRIRAMULU, AGED ABOUT 62 YEARS, RIO CHUKKABUJJI HOUSE, NEAR WATER TANK, GOLLAPALEM VILLAGE, CHIRALAMANDAL, BAPATLA DISTRICT, A.P. 2. KONANGULARAMESH, S/O LATE SRIRAMULU, AGED ABOUT 42 YEARS, R/O GOLLAPALEM VILLAGE, CHIRALAMANDAL, BAPATLA DISTRICT, A.P. 3. KONANGULAREKHA RANI, , W/O K. RAMESH, AGED ABOUT 34 YEARS, R/O GOLLAPALEM VILLAGE, CHIRALAMANDAL, BAPATLA DISTRICT, A.P. ...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 tomay be pleased to set aside the Order dated 12.02.2026 in C.F.R. No. 420 of 2026 in unnumbered E.A No. of 2026 in E.P. No. 5 of 2025 in O.S No. 74 of 2017 on the file of the Senior Civil Judge, Chirala, Bapatla District. And and consequently direct the Honble court to number the EA Petition filed 2 vide CFR No. 420 of 2026 filed by the revision petitioner on merits and adjudicate all the questions as contemplated under Order 21 Rule 97 CPC and as per law,and pass such 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 may be pleased to dispense with the filing of the Certified copy of the order dated 12.02.2026 along with the petition filed vide unnumbered E.A No. of 2026 (C.F.R. No. 420 of 2026) in E.P. No. 5 of 2025 in O.S No. 74 of 2017 on the file of the Honble Senior Civil Judge at Chirala with the Xerox copy of the same and pass such o 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 may be pleased to stay all further proceedings in E.P No. 05 of 2025 in O.S No. 74 of 2017 on the file of the Honble Senior Civil Judge, Chirala, Bapatla District., pending disposal of the above revision and pass such Counsel for the Petitioner: 1. PHANI KIRAN.M Counsel for the Respondent(S): 1. The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO:696/2026 ORDER The Civil Revision Petition is filed under Article 227 of the Constitution of India aggrieved by the order dated 12.02.2026 in C.F.R.No.420 of 2026 in unnumbered E.A.No.—of 2026 in E.P.No.5 of 2025 in O.S.No.74 of 2017 on the file of the Senior Civil Judge, Chirala, Bapatla District. 2. Heard learned counsel for the petitioner and the learned counsel for the respondents. 3. The petitioner herein is the claimant and the respondent No.1 is the decree holder (DHR)and respondent Nos. 2 and 3 are the JDRs 1 and 2 in the suit. For the sake of convenience of this Court, the parties are referred herein as arrayed in the Suit. 4. The claim of the petitioner in the present revision petition is that the petitioner herein filed this claim petition, on the ground the petitioner had entered a lease agreement/ rental agreement with the DHR in respect of EP schedule property. Admittedly, the present execution petition i.e., E.P.No.5 of 2025 is filed by the plaintiff/ DHR against defendants/JDR Nos. 1 and 2 under Order 21 Rule-II Clause-I Schedule-I of CPC seeking the following relief: “The DHR/Plaintiff prays the Hon’ble court may be pleased to issue notice to the JDRs 1 and 2 as the JDRs 1 and 2 failed to obey the decree and failed to handover possession of the EP schedule property within two months from the date of decree and 4 to depute the court bailiff for delivery of the EP schedule property to the DHR from the hands of the JDRs and to pass all such other order as the Hon’ble Court deems fit and proper in the circumstances of the case.” 5. It is further observed that there is no claim/ relief/ action sought against the petitioner herein by the DHR. The subject execution petition is only for execution of the decree and judgment passed in O.S.No.74 of 2017 dated 18.03.2024 which became final. If there is any existence of alleged enforceable rental agreement between the petitioner and the DHR, such an agreement can be protected between both the parties by initiating appropriate proceedings. The execution petition filed by the DHR is not against the petitioner, it is against the defendants/ JDRs. Therefore, there is no cause of action for filing this claim petition by the petitioner in respect of EP schedule property, pursuant to the alleged rental agreement between the petitioner and the DHR. It is further observed that the relief sought by the DHR in his execution petition is for recovery of possession. In the absence of possession pursuant to the alleged agreement between the petitioner and the claimant which may not be a sound submission and the said document is not genuine document. The DHR cannot act to the principle of Approbate and Reprobate once she pleaded in the execution petition for recovery of possession without there being prayer for possession. Therefore, owing property pursuant to the decree and judgment she cannot parted or enter any rental agreement as alleged by the petitioner. Therefore, the trial court rightly held that the document itself is not a valid document to enforce or to consider the claim of 5 the petitioner. The trial Court rightly held that in the absence of any valid document or valid right put forth by the petitioner herein, the claim petition itself is not maintainable. Therefore, the finding of the trial Court is in accordance with law and does not warrant any interference of this Court. 6. Accordingly, the Civil Revision Petition is dismissed. No costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 11.03.2026 BSP 6 202 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 696/2026 11.03.2026 BSP