1 HN, J C.R.P.No.905_2020 APHC010132152020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 905/2020 Between: 1. TALANKI KRISHNA KUMARI, W/O T. MURALI PRASAD, AGED ABOUT 43 YEARS, BUSINESS, R/O H. NO. 11-91, NOW RESIDING AT LAKSHMI VENKATESWARA GENERAL STORE BESIDE KOTHAPETA, DHONE TOWN. ...PETITIONER AND 1. M CHINNA RAJULA NAIDU, S/O M. VENKANNA, AGED ABOUT 66 YEARS, BUSINESS, NOW RESIDING IN H.NO. 21/106, KONDAPETA, DHONE. 2. C CHANDRASEKHAR REDDY, S/O C. THIMMA REDDY, AGED ABOUT 51 YEARS, BUSINESS, H.NO. 4-149-57-2, TEACHER'S COLONY, DHONE TOWN, KURNOOL DISTRICT ( DIED) BY LRS. 3. C BHAGRA LAXMI, W/O LATE C. CHANDRASEKHAR REDDY, AGED ABOUT 46 YEARS, 4. K MADHAVI, D/O LATE C. CHANDRASEKHAR REDDY, AGED ABOUT 28 YEARS, R3 AND R4 ARE R/O H. NO. 4-149-57-2, TEACHER'S COLONY, DHONE TOWN, KURNOOL 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 toprayed that the Hon'ble Court may be pleased to set aside the order of the First Addl. District, Kurnool passed in IA.No.15/2019 in OS.No.16/2017 2 HN, J C.R.P.No.905_2020 dated 27.02.2020 in sofar imposing condition of depositing half of the decreetal amount and suit costs on or before 27-03-2020 otherwise this petition shall stands dismissed, and pass 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 pleased to stay all further proceedings in O.S.No. 16/2017 on the file of the First Additional District Judge, Kurnool pending disposal of the CRP and pass IA NO: 2 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 Counsel for the Petitioner: 1. G SRAVAN KUMAR Counsel for the Respondent(S): 1. C PRAKASH REDDY 3 HN, J C.R.P.No.905_2020 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 905 of 2020 ORDER: 1. The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the order passed in I.A.No.15 of 2019 in O.S.No.16 of 2017. The petitioner is a defendant and contesting the suit filed for recovery of money. The suit was decreed ex-parte on 30.11.2018, and the petitioner filed an I.A. under Order IX Rule 13 of the CPC seeking to set aside the ex parte decree. 2. The petitioner was directed to deposit half of the decretal amount and suit costs on or before 27.03.2020 as a condition precedent for allowing the application filed by the petitioner seeking the relief of setting aside the ex- parte decree. The learned counsel for the petitioner submits that the petitioner is unable to comply with the said directions, as the suit amount is huge, and, as such, has filed the present Civil Revision Petition. 3. This Court, on 20.03.2020, granted stay of all further proceedings, including execution proceedings, in O.S.No.16 of 2017. The learned counsel for the respondent submits that the petitioner himself has admitted in the written statement the factum of borrowing money and partial repayment of interest on a regular basis, and that the petitioner has admitted borrowing Rs.60,00,000/- and has further admitted his acceptance to pay interest at 24% per annum on a monthly basis. The order passed by the learned District Judge, Kurnool, while allowing I.A.No.15 of 2019, is justified. 4 HN, J C.R.P.No.905_2020 4. Heard the learned counsel for the petitioner and the learned counsel for the respondent. Perused the record. 5. The order directing the petitioner to deposit 50% of the decretal amount requires to be modified, as the respondent, in the plaint, has mentioned the immovable property belonging to the petitioner, which was offered as a simple mortgage for the loan extended by the respondent. This Court deems it appropriate to modify the condition imposed by the I Additional District Judge, Kurnool, and the same is hereby modified by directing the petitioner not to create any third-party rights over the plaint schedule property till the suit is decided on merits. 6. Considering the submission of the learned counsel for the respondent that the suit was filed in the year 2017, the learned I Additional District Judge, Kurnool, shall endeavour to complete the trial and decide the suit on merits within a period of eight (08) months from the date of receipt of this order. 7. Accordingly, the present Civil Revision Petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:04.02.2026 NKA 5 HN, J C.R.P.No.905_2020 139 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 905 of 2020 Date: 04.02.2026 NKA