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RC,J CRP No.25552 o0f2 260:A24P HC:18195

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APHC010251812024 IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3332]

(Special Original Jurisdiction)

PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

CIVIL REVISION PETITION NO: 2555/2024 Between:

1. PRATHIPATI RAJESWARI,, W/O. VENKATESWARLU, AGED ABOUT

75 YEARS R/O. MUKTHI NUTHALAPADU VILLAGE, ONGOLE MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH.

...PETITIONER AND

1. BODDAPATI VENKATA RAO, S/O. NARAYANA, AGED ABOUT 55 YEARS, R/O. BEHIND SRI HARSHINI DEGREE COLLEGE, MANGAMURU DONKA, ONOGLE TOWN, PRAKASAM DISTRICT,

ANDHRA PRADESH.

2. BODAPATI SUBBARAO, S/O. NARAYANA, AGED ABOUT 57 YEARS, R/O. PAMIDIPADU PANCHAYAT, KORISAPADU MANDAL,

PRAKASAM DISTRICT, ANDHRA PRADESH.

3. VALLEPU VENKAIAH, S/O. VENAKTA SUBBAIAH, AGED ABOUT 66 YEARS, R/O. D.NO. 7/133(2), SUJATHA NAGAR, ONGOLE TOWN,

PRAKASAM DISTRICT, ANDHRA PRADESH.

...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 allow the C.R.P. and set aside the Order dated 15.03.2024 in E.P.

RC,J CRP No.25552 o0f2 260:2A4P HC:18195

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No. 46 of 2022 in OS. No. 363 of 2011 on the file of the Hon'ble Principal Senior Civil Judge Court, Ongole in the interests of justice.

IA NO: 1 OF 2024 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 condone the delay of 116 days in representing the CRP. No. 2555 of 2024

before this Hon’ble Court, and pass 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 permit the Petitioner to effectuate service of notice on the Respondents in above Civil Revision Petition in CRP No. 2555 of 2024 by way of paper publication in any daily newspaper having circulation in Prakasam & Bapatla

Districts of Andhra Pradesh and pass Counsel for the Petitioner:

1. DODDALA PRUDHVI TEJA

Reserved on 01.04.2026 Pronounced on 30.04.2026 Uploaded on 30.04.2026

RC,J CRP No.25552 o0f2 260:2A4P HC:18195

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ORDER

This Civil Revision Petition is filed questioning the legality and

correctness of the orders dated 15.03.2024 passed in E.P.No.46 of 2022 in

O.S.No.363 of 2011 by the learned Principal Senior Civil Judge, Ongole.

2. The petitioner is the decree holder and the respondents are the rd

Judgment Debtors. The Execution was filed against 3 Judgment Debtor

alone.

3. The facts led to filing of the Civil Revision Petition, in brief, are that

the petitioner filed suit O.S.No.363 of 2011 for declaration that the registered sale deed dated 07.09.2009 bearing document No.6300/2009 of SRO, Ongole as null and void, for permanent injunction restraining the defendants and their men from in any way interfering with the plaintiff’s peaceful possession and enjoyment of the plaint schedule property and not to alienate, transfer, mortgage the schedule property in any way by the defendants. The said suit was decreed ex parte granting the relief as prayed for. Thereafter, the petitioner being the decree holder filed Execution Petition vide E.P.No. 46 of 2022 praying the court to issue Order XXI, Rule-22 notice to J.Dr. No.3 and thereafter to discredit the documents dated 14.12.2015 with Document No.10141/2015 and dated 20.02.2021 with Document No.2006/2021 from the office file of Sub Registrar, Ongole and also send the J.D.R. No.3 to civil

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prison for violating the decree of the Court under Order XX1, Rule 32(2) and (5). The J.D.R. No.3 in response to the notice under Rule-22 made appearance and filed counter, however he did not choose to file counter to Rule-32 notice and hence he was set ex parte. The Executing Court upon considering the evidence of P.W.1, and upon perusal of the documents Exs.P1 to P5, dismissed the execution petition being hit by Rule-55 of the Civil R