PILLA VENKATESWARA RAO ALIAS ALLABAKSHU v. KANCHERLA MALYADRI
CRP/1467/2026 · 2026-07-02
Ravi Nath Tilhari
Original Suitbody2026
DailyLaw.ai
[ 2026 DAILYLAW 4170 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4170 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Date of pronouncement :3rd July 2026
Date of uploading : 06.07.2026
APHC010206832026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CIVIL REVISION PETITION NO: 1467 of 2026 Bench Sr.No:- 56 [3299]
Pilla Venkateswara Rao Alias Allabakshu ...Petitioner Vs. kancherla malyadri ...Respondent
********** Advocate for Petitioner:
S MURALI MOHAN Advocate for Respondent:
CORAM : SRI JUSTICE RAVI NATH TILHARI
DATE : 3rd July 2026
JUDGMENT:
Heard Sri S. Murali Mohan, learned counsel for the petitioner.
2. The respondent/plaintiff filed O.S.No.623 of 2002 in the Court of the Principal Civil Judge (Senior Division), Vijayawada for possession of the 2nd floor premises of the plaint schedule property, with consequential reliefs, which has been decreed, directing the defendant to deliver vacant possession of the plaint schedule property on or before 8th February, 2007, failing which the plaintiff was at liberty to recover the same through process of law. For execution of that decree, the plaintiff/decree holder filed E.P.No.73 of 2025, which is pending in the Court of the Principal
RNT, J CRP No.1467 of 2026 2 Civil Judge (Senior Division) at Vijayawada. The copy of the decree has been annexed at page-19 of the memo of papers, which mentioned that the suit filed for possession of second floor premises, the judgment also so mentioned.
The suit was only against the defendant/petitioner/judgment debtor.
3. Learned counsel for the petitioner submits that against the decree, the petitioner filed appeal A.S.No.33 of 2007, which was dismissed for want of prosecution. The present civil revision petition has been filed inter alia on the grounds that the learned Execution Court ought to have seen that the decree did not become final because the appeal was dismissed for non-prosecution. He further submitted that the fair copy of the amended decree was not filed; consequently the prayer has been made on the aforesaid grounds as if the order suffers from various lacunaes.
4. The appeal has been dismissed, may be for want of prosecution. So, on that ground, it cannot be said that the decree passed by trial Court has not attained finality. Also on the ground that neat copy or amended copy of the decree was not filed before the Execution Court, there is no scope for interference under Article 227 of the Constitution of India.
5. The Civil Revision Petition is dismissed. No Order as to costs.
RNT, J CRP No.1467 of 2026 3 Pending miscellaneous petitions, if any, shall stand closed in consequence. ____________________ RAVI NATH TILHARI, J
Date: 03.07.2026 Dsr
Whether the order is: Speaking ‘Yes’ Non-Reportable ‘Yes’