In Andhra Pradesh, notwithstanding national amendments to the CPC, Order XXI Rule 106(4) as amended by the High Court enables a party to seek condonation of delay under Section 5 of the Limitation Act to set aside ex parte orders in execution proceedings.

Between:

1. PERUMALLA VENKATA KRISHNA KUMAR, S/O. PADMANABHAM, AGED 39 YEARS, OCC.BUSINESS R/O. D.NO.25-2-6, KOMMIREDDYVARI STREET NEAR TTD KALYANA MANDAPAM, KAKINADA, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT, A.P. ...PETITIONER

AND

1. MUTHA RAO SAHEB SARVARAYUDU, S/O. BANGARAYYA, R/O. D.NO.25-6-9, GANJAM VARI STREET KAKINADA, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT, A.P

2. PENUGONDA KRISHNA RAO DIED, A

3. PENUGONDA RUKMANI, W/O. KRISHNA RAO AGED 55 YEARS, OCC. HOUSE WIFE, R/O. D.NO.25-6-2, GANJAM VARI STREET, KAKINADA, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT, A.P

4. SRIKOKOLAPU BHAVANA, W/O. SRINIVAS AGED 30 YEARS, OCC. EMPLOYEE, R/O. FLAT NO C.4041, CAUVERY SERENITY REGHAVENDRA RAO ROAD, YESHWANTHPURA, BANGALORE, KARNATAKA STATE DISTRICT

5. KOKY VENKATA SANDHYA SRI HARIKA, W/O. PRADEEP, AGED 25 YEARS, R/O. FLAT NO B.5005, MAYFAIR ANTHOM APARTMENTS BELAANDUR, BANGALORE, KARNATAKA STATE DISTRICT

6. PADALA BALA VEERA VENKATA RAMANA, S/O. SRIRAMULU, AGED 46 YEARS, R/O. D.NO.23-7-11/3, KOMMIREDDYVARI STREET, KAKINADA, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT, A.P

7. PADALA SATYAVEDAMANI, S/O. SRIRAMULU, AGED 46 YEARS, R/O. D.NO.23-7-11/3, KOMMIREDDYVARI STREET, KAKINADA, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT, A.P

8. PADALA BHEEMESWARA RAO, S/O. SRIRAMULU, AGED 46 YEARS, R/O. D.NO.23-7-11/3, KOMMIREDDYVARI STREET KAKINADA, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT, A.P ...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 to aggrieved by the Common Order dated 09-12-2024 in EA.NO.502 of 2024 in EA.N0.9 of 2017 in EP.No.25 of 2016 in OS.No.86 of 2013 on the file of the Court of the III Additional District Judge, Kakinada, Kakinada District, Erstwhile East Godavari District

IA NO: 1 OF 2025

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 to stay of all further proceedings in EP.No.25 of 2016 in OS.No.86 of 2013 including operation of Common Order dated 09-12-2024 in EA.NO.502 of 2024 in EA.No.9 of 2017 in EP.No.25 of 2016 on the file of the court of the III Additional District Judge, Kakinada, Kakinada District, Erstwhile East Godavari District pending consideration of the above revision petition in the interest of justice and pass

Counsel for the Petitioner: 1. RAMA MURTY P V S A

Counsel for the Respondent(S): 1. V ROOPESH KUMAR REDDY

The Court made the following:

COMMON ORDER:

2. As both the revisions are interlinked, they are heard and disposed of together by way of this common order.

3. The facts that led to filing of this Civil Revision Petitions are that the respondents/decree holders filed a suit in O.S.No.86 of 2013 for specific performance agreement of sale. The said suit has been decreed on 13.10.2015 and had attained finality. To execute the said decree, the respondents filed E.P.No.25 of 2016 on the file of the III Additional District Judge, Kakinada. In the said E.P., the petitioners who are the Judgement Debtors were set ex parte. Further, in the said E.P., the E.A.No.9 of 2017 has been filed by third party which is a claim petition under Order XXI Rule 106 CPC. In the said E.A. also the petitioner/judgement debtors were set ex parte to set aside the said ex parte orders, the pet