2025:APHC:4997 APHC010470972024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311]

(Special Original Jurisdiction)

TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CIVIL REVISION PETITION NO: 2913/2024 Between:

P. Siva Mohan Reddy ...PETITIONER AND Paree Koteswar Rao and others ...RESPONDENT(S)

Counsel for the Petitioner:

1. PRABHAKAR PERI Counsel for the Respondent(S):

1.

The Court made the following:

ORDER:

This petition is filed under Article 227 of the Constitution of India aggrieved by non-disposal of the execution petition in E.P.No.65 of 2020 in O.S.No.180 of 2017 on the file of the court of VI Additional District Judge, Nellore SPSR Nellore District for a long time without any reason.

2. The learned counsel for the petitioner submitted that the respondents remained ex parte and all that is necessary to secure the relief in the execution was compiled by the petitioner/DHr, yet the matter was adjourned from time to time without any valid reason. He further submitted that as per the decision of the Supreme Court in Rahul S Shah Vs Jinendra Kumar Gandhi and others, Civil Appeal Nos.1659 – 1660 of 2021, dt.22.04.2021, the execution petition shall be disposed of within six months from the date of filing and if any delay occurs in disposal of the same, the reasons are to be specifically recorded.

3. Perused the record.

4. JDrs no.1 to 6 were set ex parte on 31.10.2022 after service of copy of the draft sale deed on them. Thereafter, the matter was posted on 13.02.2023 for submitting non-judicial stamp and adjourned the matter to 14.03.2023, 20.04.2023, 15.06.2023, 16.06.2023. The docket proceedings dated 16.06.2023 shows that the draft sale deed was re- submitted and the matter was adjourned to 07.07.2023 directing the office to check the resubmitted draft sale deed. The proceedings dated 07.07.2023 shows that the presiding officer was on training and the matter was adjourned to 25.07.2023. Thereafter, the proceeding dated 09.08.2023 shows that draft sale deed was returned and the case was adjourned to 25.08.2023 and on 25.08.2023 the draft sale deed was re- submitted and again the office was instructed to check the same. Later, again the proceeding dated 09.11.2023 shows that the draft sale deed was re-submitted and office was directed to check the same. The 11.12.2023 shows that the presiding officer was on training and the 23.02.2024, 15.03.2024, 28.03.2024. The proceeding dated

22.07.2024 shows that there was no representation and the matter was adjourned to 27.09.2024. Apart from the above noted adjournments, there were several adjournments in between.

5. The proceedings during September and October, 2024 show that the matter was adjourned without any reason.

6. As such, in view of the above noted decision of the Supreme Court and there was no reason to adjourn the matter, the execution court is directed to dispose of the matter without any further delay.

7. In the result, the revision petition is disposed of.

There shall be no order as to costs.

Miscellaneous petitions, if any pending, in this civil revision petition, shall stand closed.

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Dt.21.01.2025 B.S.BHANUMATHI, J PNV