APHC010267652022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 1141/2022 Between: 1.SHAIK FAROOQ, S/O LATE JAMALUDDIN, AGED ABOUT 33 YEARS, H.NO.29/340-B-C1, SARASWATHI NAGAR, NANDYAL. ...PETITIONER AND 1.M A MUNNAF, S/o Basheer, aged about 57 years, H.No. 25/335, Saraswathi Nagar, Nandyal. ...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 toTo set aside IA. No. 1593/2021 in AS. No. 22/2021 on the file of III Additional District and Sessions Judge, Nandyal and pass. Counsel for the Petitioner: 1.THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent: 1.RAVITEJA PADIRI The Court made the following: 2 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION No.1141 OF 2022 ORDER : 1. The petitioner is aggrieved by the order dated 08.02.2022 passed in IA.No.1593 of 2021 in AS.No.21 of 2021 by the learned III Additional District Judge, Nandyal. 2. The learned counsel for the petitioner submits that the petitioner herein is plaintiff who filed a suit vide OS.No.292 of 2017 for recovery of an amount of Rs.12,25,500/-. The suit was decreed on 12.02.2020, directing the defendant therein to pay the suit claim of Rs.12,25,500/- together with interest. Thereafter, the petitioner filed EP.No.152 of 2021 for execution of the decree, seeking attachment and sale of immovable property belonging to the defendant/Judgment Debtor. The defendant in main suit, who is respondent herein filed AS.21 of 2021 challenging the decree and judgment passed in OS.No.292 of 2017 before the appellate Court and also filed IA.No.1593 of 2021 seeking stay of execution proceedings. 3. The learned counsel for the petitioner submits that the learned III Additional District Judge, Nandyal allowed the interlocutory application by directing the respondent herein to deposit the suit costs of Rs.62,853/-. It is submitted that the appeal has been pending for the last four years and that the record of the trial Court has been awaited. 4. The learned counsel for the petitioner also submitted the extract of E- Courts website, which indicates that the Lower Court record has been awaited from 02.03.2022 onwards. 3 5. Per contra, the learned counsel for the respondent submits that the promissory note is disputed as having been forged and fabricated by the plaintiff, and as such, the respondent has a fair chance of succeeding in the appeal. It is further submitted that if the petitioner is permitted to auction the EP schedule property, the very purpose of pursuing AS.No.21 of 2021 would be defeated. 6. Considering the submissions, quietus can be put in this matter if the learned III Additional District Judge, Nandyal endeavours to dispose off AS.No.21 of 2021 within a period of four months from the date of receipt of this order. 7. Accordingly, the Civil Revision Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM 4 138 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION No.1141 OF 2022 Dated 03.02.2026 KGM