APHC010305812022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 1653/2022 Between: 1.S.L.J. FIBRE NETWORKS, REP BY ITS PROP. S.V RAMANA PRASAD S/O VEERA RAGHAVAIAH, R/O BESIDE KOMMINENI GARDENS UPSTAIR OF THE VISAKHA CO-OPERATIVE BANK, LIBRARY CENTER, KORETIPADU, GUNTUR TOWN, GUNTUR DISTRICT, GUNTUR JOC. ANDHRA PRADESH 2.S.V.RAMANA PRASAD,, S/O VEERA RAGHAVAIAH HINDU, AGED ABOUT 36 YRS, OCC. BUSINESS, R/O KORETIPADU,GUNTUR GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND 1.SRI YETIGADDA COMMUNICATIONS / ANJANEYA DIGITALS, REP. BY YETIGADDA NARASIMHA REDDY, S/O HANUMAREDDY, AGED ABOUT 45 YEARS HINDU, OCC. BUSINESS, 0/0 BESIDE KOMMINENI GARDENS UPSTAIR OF THE VISAKHA CO- OPERATIVE BANK LIBRARY CENTRE, KORITEPADU, GUNTUR TOWN AND DISTRICT ANDHRA PRADESH 2.YETIGADDA NARASIMHA REDDY, S/O. HANUMAREDDY, AGED ABOUT 45 YEARS, HINDU BUSINESS, RIO. MAIN ROAD, KORITAPADU, GUNTUR AND DISTRICT. 3.KOLUSU RADHIKA, W/O. RAMANA BABU, HINDU, AGED ABOUT 45 YEARS, HOUSE WIFE R/O. FIAT NO. 502, BHUVANA ENCLAVE, 7/1 LANE, VIDHYA NAGAR, GUNTUR TOWN. ...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 orders dated 28-04-2022 passed in I.A No 224 of 2022 in O.S No.4 of 2022, on the file of the III Additional Junior Civil Judge Court, Guntur, and to pass IA NO: 1 OF 2022 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 the operation of all further proceedings in pursuant to the impugned orders dated 28-04-2022 passed in I.A No.224 of 2022 in 0.S No.4 of 2022, on the file of the III Additonal Junior Civil Judge Court, Guntur, and pass ; 2 IA NO: 1 OF 2023 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 extend the interim order dated 30.08.2022 passed in I.A.No 1 of 2022 In CRP.No. 1653 of 2022, pending disposal of the above Civil Revision petition and pass IA NO: 1 OF 2024 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 dismiss the lA.No. 1/2022 in CRP.No. 1653 of 2022 by rejecting the affidavit filed in support of the IA. 1/2022 and to pass Counsel for the Petitioner(S): 1.GHANTA SRIDHAR Counsel for the Respondent(S): 1.PRASAD LAKKISETTY The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION No.1653 of 2022 ORDER : 1. The petitioners are aggrieved by the order dated 28.04.2022 passed in IA No. 224 of 2022 by the learned III Additional Junior Civil Judge (Junior Division), Guntur. 2. The learned counsel for the petitioners submitted that, the learned Judge passed an order in IA.No.148 of 2022, and the petitioners therein permitted to deposit the warrant amount of a sum of Rs.7,38,426/- for releasing the attached property subject to establishing their right. It is further submitted that the respondent Nos.1 and 2 deposited an amount of Rs.7,38,426/- on 28.04.2022. pursuant to such deposit, the respondent Nos.1 and 2 in IA.No.224 of 2022 seeking to raise the attachment and for a consequential direction to handover the attached property to the petitioners therein. 3. It is further submitted that, on 07.05.2022, the Amin was directed to handover the scheduled property to the petitioners therein. The petitioners are arrayed as defendant Nos.3 and 4 in the suit filed by the 3rd respondent herein. It is the specific case of the petitioners that they purchased the movable articles from defendant Nos.1 and 2 in the main suit and when the order of the Court dated 28.04.2022 specifically provided that the attached property may be released after establishing the right. It is stated that the petitioners had purchased the property by paying an amount of Rs.60,00,000/- to the defendants Nos.1 and 2 4 therein. It is further submitted that, despite the petitioners specifically asserting their claim before the trial Court and filing a detailed counter, the learned III Additional Junior Civil Judge, Guntur, ought not to have passed the impugned proceedings, which have resulted in causing severe financial hardship to the petitioners. On these grounds, the present Civil Revision Petition is filed. The learned counsel for the petitioners submits that, during the pendency of the suit, a Transfer OP.No.1389 of 2022 was filed before the learned District Judge, Guntur seeking to transfer of the present suit to be tried along with OS.No.99 of 2022. Pursuant thereto, the suit in OS.No.4 of 2022 on the file of III Additional Junior Civil Judge (Junior Division), Guntur was transferred to the Court of learned II Additional District Judge, Guntur and was renumbered as OS.No.131 of 2023. 4. The learned counsel appearing for the respondents submits that the petitioners are in collusion with the plaintiff in the suit and have been set up only for the purpose of troubling the respondents. It is further submitted that the alleged agreement of sale, said to have been executed by the respondents, is a rank forgery. The learned counsel also submits that the respondents are defendants in OS.No.99 of 2022, which was filed by the petitioners seeking refund of the amount allegedly paid under the said agreement of sale. 5. Heard the learned counsel for petitioners and the learned counsel for the respondents. Perused the material on record. 5 6. The short point for consideration is ; Whether the impugned order dated 28.04.2022 and subsequent order dated 07.05.2022 deserves to be set aside in the facts and circumstances of the present case ? 7. As seen from the impugned order, the learned Judge has not considered the counter filed by the petitioners. While passing the earlier order dated 18.04.2022 permitting deposit of the warrant amount, the Court had specifically imposed a condition that the attached property may be released only after the parties establish their right. However, the learned Judge failed to consider the claim raised by the petitioners while passing the impugned order dated 28.04.2022. The consequential proceedings dated 07.05.2022 was also issued directing the Amin to handover the attached schedule property to defendant Nos.1 and 2. The impugned order is neither a speaking order nor an order passed on merits. 8. On these considerations, the order dated 28.04.2022 passed in IA.No.224 of 2022 in OS No.4 of 2022 passed by the learned III Additional Junior Civil Judge (Junior Division), Guntur (now renumbered as OS.No.131 of 2023 on the file of learned II Additional District Judge, Guntur) is hereby set aside, and the matter is remanded back to the Court of learned II Additional District Judge, Guntur to reconsider the issue by duly taking into consideration all the pleadings placed before the Court. Accordingly, the Civil Revision Petition is disposed off. 6 9. However, considering that the main suit is has been pending for the last four years, the learned II Additional District Judge, Guntur shall endeavour to dispose of the OS.No.131 of 2023 together with OS.No.99 of 2022 within a period of six months from the date of receipt of this order. 10. Accordingly the Civil Revision is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Dated 05.02.2026 KGM 7 150 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION No.1653 of 2022 Dated 05.02.2026 KGM