APHC010400072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NO: 1951/2025 Between:

1. PEDDIBOINA VENKATA MOHAN, S/O. LATE VEERASWAMY, AGED

68 YEARS, OCC CULTIVATION, R/O. D. NO. 4-14, GAVARAVARAM VILLAGE, KOYYALAGUDEM MANDAL, EAST GODAVARI DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT.

...PETITIONER AND

1. VALLABHANI SRINIVASA VENKATA RAMANA, S/o. Late Ramulu, aged 62 years, Occ Cultivation, R/o. D. No. 1-47, Ballipadu Village, Tallapudi Mandal, East Godavari District.

...RESPONDENT 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 toBeing aggrieved by the Order Dt. 17.07.2025 passed in E.P. No. 38 of 2022 in O.S No. 85 of 2013 on the file of the Court of Learned Principal Civil Judge Senior Division Kowur, West 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 pleased to grant stay of operation of Order Dt. 17.07.2025 passed in E.P. No. 38 of 2022 in O.S No. 85 of 2013 on the file of the Court of Learned Principal Civil Judge [Senior Division] Kowur, West Godavari District, pending disposal of the main CRP and to pass IA NO: 2 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 may be pleased to extend 2 months time for complying with the condition to deposit 50% of the decretal amount as directed by this Hon’ble Court by an Order Dt. 07.08.2025 passed in I.A.No. 1 of 2025 in CRP No. 1951 of 2025, in the interests of justice and to pass Counsel for the Petitioner:

1. PANCHAGNULA RISHYENDRA SAI ORDER This Civil Revision Petition is filed questioning the legality and correctness of the orders dated 17.07.2025 passed in E.P.No.38 of 2022 in O.S.No.85 of 2013 by the learned Principal Civil Judge (Senior Division), Kovvur of West Godavari District.

2. The Revision Petitioner is the Respondent/J.Dr.and the respondent is the petitioner/D.Hr. in E.P.No.38 of 2022 in O.S.No.85 of 2013 on the file of the Court of the learned Principal Civil Judge (Senior Division), Kovvur of West Godavari District.

3. The facts that led to filing of this Civil Revision Petition, in brief, are that (i) The Decree Holder filed E.P.No.38 of 2022 under Order-21, Rules 37 & 38 of CPC to send the J.Dr. to Civil Prison for realization of the decretal amount, contending that earlier he filed E.P.No.36 of 2017 for sale of the property belongs to J.Dr. and since the J.Dr. obstructed the prospective bidder from participating in the auction, the said E.P.was not pressed and accordingly was dismissed on 25.04.2022. The J.Dr. owns movable and immovable properties besides Saw Mill in Koyyalagudem, two storied building in Ac.0-37 cents worth more than Rs.2 crores, besides has cash of Rs.10 lakhs on hand. That though the J.Dr. has means to discharge, he is avoiding to discharging the decretal amount and hence the J.Dr. has to be sent to civil prison.

(ii) The J.Dr. resisted the claim of the D.Hr. by filing counter denying the averments of the execution petition further contending that the J.Dr. did not own any properties and he has no source of income for his livelihood and that he is suffering from cardiac disease. That the J.Dr. has no means to pay the decree debt and that the earlier E.P.36 of 2017 filed by D.Hr. for sale of the immovable property was not pressed by the D.Hr. upon realizing that the property sought to be sale is not that of the J.Dr. That as the J.Dr.has no means to pay the decree debt, the petition is liable to be dismissed.

(iii) The Executing Court upon hearing the learned counsel for the parties and upon analyzing the evid