2026:APHC:12967 APHC010681492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3299]

(Special Original Jurisdiction)

FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 3750/2025 Between:

Velamati Roja Rani ...PETITIONER AND Velamati Ramesh Chandra Chowdary ...RESPONDENT

1.KATAM VINAY KUMAR

1.

The Court made the following:

THE HON’BLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION No. 3750 of 2025

JUDGMENT:

Heard Sri Katam Vinay Kumar, learned counsel for the petitioner, appearing through virtual mode.

2. The respondent/plaintiff filed O.S.No. 1321 of 2016, seeking relief of eviction of the defendant/petitioner from the plaint schedule property and to put the plaintiff in possession of the same. The suit was decreed vide judgment and decree dated 07.08.2025 in the following terms:

“08. In the result, the suit is decreed with costs, directing the defendant to vacate the plaint schedule property and handover vacant possession of the same to the plaintiff within two (2) months from the date of this judgment, failing which, theplaintiffisentitled toproceed underdue process oflaw.”

3. For execution thereof, the respondent/decree holder filed E.P.No.177 of 2025 in O.S.No.1321 of 2016 in the Court of the VI Additional Senior Civil Judge, Visakhapatnam. The same is pending.

4. This civil revision petition has been filed by the petitioner/judgment debtor feeling aggrieved, as the Execution Court is proceeding with the Execution Petition.

5. On a specific query made to the learned counsel for the petitioner, he submits that the decree has not been challenged before any Court. No appeal has been filed challenging the decree passed. He further submits that in E.P.No.177 of 2025, an application has been filed for issue of delivery warrant for possession in which the petitioner has filed counter and the same is pending.

6. In view of the aforesaid, as the decree has not been challenged, which as such stands today, there can be no illegality or any jurisdictional error on the part of the Execution Court in proceeding with the execution case. No case is made out for interference under Article 227 of the Constitution of India.

7. The civil revision petition is dismissed. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed in consequence.

_______________________

RAVI NATH TILHARI, J Date: 02.01.2026 Dsr