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2026 DAILYLAW 8336 (AP)

YEKKALA VENKATA SUBBA RAO v. ALAPARTHI NAGESWARAO

CRP/1257/2026 · 2026-08-13

D Ramesh

body2026

Judgment text

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APHC010101002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY, THE 14th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH CIVIL REVISION PETITION NO: 1257/2026 Between: 1. YEKKALA VENKATA SUBBA RAO, S/O VISWANATHAM, AGED ABOUT 60 YEARS, R/O NATARAJ HOTEL LINE, PIDUGURALLA - 522413, PALNADU DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. ALAPARTHI NAGESWARAO, S/O SATYANARAYANA, AGED ABOUT 55 YEARS, OCC. CULTIVATION, R/O PIDUGURALLA - 522413, PALNADU DISTRICT, A.P. 2. YEKKALA VENKATESWARLU DIED, A ...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 toMemorandum of Civil Revision Petition having been aggrieved by the order dated 30-01-2026 passed in EP No. 22/2025 in OS No. 107/2004 by the Civil Judge (Senior Division), GURAZALA IA NO: 1 OF 2026 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 pursuance of the order dated 30-01-2026 passed in EP No.22/2025 in OS No. 107/2004 by the Civil Judge (Senior Division), Gurajala by suspending the same and pass IA NO: 2 OF 2026 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 may be pleased to vacate the ad-interim orders dated 24-04-2026 passed in I.A No.1 of 2026 in C.R.P No.1257 of 2026, pending disposal of the above CRP, pass Counsel for the Petitioner: 1. J U M V PRASAD Counsel for the Respondent(S): 1. LEO LAW ASSOCIATES LLP The Court made the following: 1. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 2. The Civil Revision Petition is filed aggrieved by the order dated 30.01.2026 passed in E.P.No.22 of 2025 in O.S.No.107 of 2004 by the learned Civil Judge (Senior Division), Gurazala, whereby the Court below considered the matter and allowed the Execution Petition for filing non-judicial stamp papers. 3. The said order is assailed by the petitioner mainly on the ground that the draft sale deed was not furnished to the petitioner along with the notice. It is contended that, if the draft sale deed had been furnished and any objections had been filed by the judgment debtor, the Court below ought to have considered such objections before proceeding further and passing orders with regard to the draft sale deed. In the present case, no such opportunity was afforded to the petitioner to file his objections. 4. Considering the said contention, this Court, by order dated 24.04.2026, granted an interim order staying further proceedings pursuant to the order dated 30.01.2026. 5. Subsequently, the learned counsel appearing for the respondent/decree holder filed a petition seeking vacation of the interim order and brought to the notice of this Court that, as on 31.03.2026, the Execution Petition itself had been closed. Therefore, it is submitted that, as on the date of passing the interim order dated 24.04.2026, no further proceedings were pending in the Execution Petition and, consequently, the present Civil Revision Petition has become infructuous. 6. Having considered the rival submissions and upon perusal of the material available on record, it is evident that E.P.No.22 of 2025 itself was closed on 31.03.2026. Therefore, as on the date of passing the interim order dated 24.04.2026, there were no further proceedings pending in the said Execution Petition. In view of the closure of the Execution Petition, the relief sought for in the present Civil Revision Petition does not survive for consideration and the Civil Revision Petition has consequently become infructuous. Accordingly, the Civil Revision Petition is dismissed as infructuous. However, the petitioner is at liberty to avail the appropriate remedy available to him under the provisions of the Code of Civil Procedure, if so advised. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ________________________ JUSTICE D. RAMESH 14.08.2026 klk THE HONOURABLE SRI JUSTICE D RAMESH 34 C.R.P. No.1257 of 2026 14.08.2026 kkllkk