APHC010668182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 3573/2025 Between: 1.SHAIK MAHABOOB BASHA, S/O KASIM SAHEB, MUSLIM, AGED ABOUT 60 YEARS, R/O D.NO.1-754, YADAVA COLONY, MANGALAGIRI PARK ROAD, MANGALAGIRI MANDAL, GUNTURU DISTRICT. ...PETITIONER AND 1.SHAIK MAHABOOB BASHA, S/O LATE IMAM SAHEB, AGED ABOUT 58 YEARS, R/O D.NO.3/313-109, NETHAJI NAGAR, STOVEBEEDI COLONY, PEDDAPADUGUPADU VILLAGE, KOVUR MANDAL, SPSR NELLORE DISTRICT. (RESPONDENT / DHR) 2.SHAIK GOUSE BASHA, S/O LATE IMAM SAHEB, AGED ABOUT 57 YEARS, R/O D.N0.2/313-133-A, STOVE BEEDI COLONY, PEDDAPADUGUPADUVILLAGE, KOVUR MANDAL, SPSR NELLORE DISTRICT. (RESPONDENT / JDR NO.1) 3.SHAIK SHAKEELA BEGUM, W/O SHAIK GHOUSE BASHA, AGED ABOUT 50 YEARS, R/O D.N0.2/313-133-A, STOVEBEEDI COLONY, PEDDAPADUGUPADU VILLAGE, KOVUR MANDAL, SPSR NELLORE DISTRICT. (RESPONDENT/JDR NO.2) ...RESPONDENT(S): Counsel for the Petitioner: 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1.TRIMOORTHY K G 2 KSR,J C.R.P. No.3573 OF 2025 The Court made the following ORDER :- The 1st respondent herein filed O.S.No.74 of 2010 on the file of the Court of Senior Civil Judge, Kovur, seeking declaration of title and recovery of possession of the plaint schedule property from respondent Nos.2 and 3. The said suit was decreed by judgment and decree dated 29.04.2016. 2. Aggrieved by the said judgment and decree, the respondent Nos.2 and 3 preferred an appeal which was confirmed by the appellate Court. Questioning the decree and judgment of the appellate Court, the respondent Nos.2 and 3 filed Second Appeal vide S.A.No.328 of 2017 before this Court which is presently pending. Admittedly, there is no stay granted in the said Second Appeal. 3. In the meantime, the 1st respondent initiated execution proceedings by filing E.P.No.44 of 2016 in O.S.No.74 of 2010 on the file of the Court of Senior Civil Judge, Kovvur. In the said execution petition, the petitioner herein filed E.A.No.111 of 2018 under Order XXI Rule 58 and Section 47 CPC. The said application was dismissed by order, dated 01.08.2025. 4. Challenging the same, the petitioner filed appeal vide A.S.No.205 of 2025 on the file of the Court of IV Additional District Judge, Nellore and along with the appeal, filed I.A.No.758 of 2025 seeking stay of execution proceedings. The said Interlocutory Application was dismissed by order, dated 20.11.2025. 5. Learned counsel for the petitioner contends that the appellate court erred in dismissing the said Interlocutory Application, despite the 3 KSR,J C.R.P. No.3573 OF 2025 petitioner having a statutory right of appeal. He further contends that notwithstanding the pendency of the appeal, the executing court is proceeding with the execution of the decree. 6. Be that as it may, since the appellant has a statutory right of appeal, without going into the merits of the case, the learned IV Additional District Judge, Nellore, is directed to take up A.S.No.205 of 2025 and dispose of the same as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of a copy of this order. Till the disposal of A.S.No.205 of 2025, the learned Senior Civil Judge, Kovur, is directed not to proceed with E.P.No.44 of 2016. 7. With the above observations, the present Civil Revision Petition is disposed of, at the admission stage, with the consent of both parties. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending, shall also stand closed. ____ K.SURESH REDDY, J Dt. 08.01.2026 SAB 4 KSR,J C.R.P. No.3573 OF 2025 40 THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION No.3573 of 2025 Dt. 08.01.2026 SAB