Andhra Pradesh High Court - Amravati
Vallapureddy Madhusudhan Reddy, vs Kavaturu Venkataiah on 21 October, 2024
APHC010464782024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
MONDAY ,THE TWENTY FIRST DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
CIVIL REVISION PETITION NO: 2471/2024
Between:
1. VALLAPUREDDY MADHUSUDHAN REDDY,, S/O VALLAPUREDDY
VENKATRAMI REDDY, AGED 40 YEARS, OCC- PVT EMPLOYEE,
R/O D. NO.7/33, PULLAMPET TOWN AND MANDAL, KADAPA
DISTRICT PRESENTLY ANNAMAYYA DISTRICT.
2. PATHAPATI NAGATEEKSHIKA REDDY,, S/O SUNIL KUMAR REDDY,
AGED ABOUT 7 YEARS.
3. PATHAPATI BHANU KARTHIKEYA REDDY,, S/O SUNIL KUMAR
REDDY, AGED ABOUT 6 YEARS, (PETITIONERS NO.2 AND 3 ARE
MINORS REP BY THEIR FATHER NATURAL GUARDIAN I.E.,
PETITIONER NO.4)
4. PATHAPATI SUNIL KUMAR REDDY,, S/0 SUBRAMANYAM, AGED
ABOUT 35 YEARS, PVT.EMPLOYEE (PETITIONERSS NO.2 TO 4
ARE HINDUS, RESIDING AT YERRABALLIPAIEM, VTC VINJAMUR,
NELLORE DISTRICT-524228)
...PETITIONER(S)
AND
1. KAVATURU VENKATAIAH, (DIED)
2. KAVATURU VENKATA SUBAMMA, W/O. LATE KAVATURU
VENKATAIAH AGED ABOUT 78 YEARS.
3. KAVUTURU NAGAIAH, S/O. LATE KAVATURU VENKATAIAH, AGED
ABOUT 53 YEARS, (RESPONDENT NO.2 AND 3 ARE THE
2
RESIDENT DR.NO.220, SADHUVARIPALLI VILLAGE, POTHANAVARI PALLI POST, PULLAMPET MANDAL, ANNAMAIAH DISTRICT
4. VALLAPUREDDI VENKATARAMI REDDY, S/O. VENKATA REDDY AGED ABOUT 68 YEARS, R/O. CHERLOPALLI VILLAGE, PULLAMPET MANDAL, ANNAMAIAH DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner(S):
1. K JANAKIRAMI REDDY Counsel for the Respondent(S):
1.
The Court made the following:
Heard Sri K. Janakirami Reddy, learned Counsel for the Revision Petitioners.
2. Learned Counsel for the Revision Petitioners would submit that the present Revision Petitioners are the Applicants in unnumbered E.A of 2024 (E.A. (SR) No.3561 of 2024). He would contend that the father of Revision Petitioner No.1 is the Judgment Debtor. The Decree Holder has filed E.P.No.94 of 2012 in O.S.No.30 of 1998, as a consequence of the Decree of the Trial Court in O.S.No.30 of 1998 dated 18.09.2001. He would submit that, the suit bearing O.S.No.30 of 1998 has been filed for recovery of money. The father of the Revision Petitioner No.1 (who is the Defendant in O.S.No.30 of 1998) has conveyed an extent of Ac.0.1 ½ cent in Sy.No.276-1 bearing Door No.7/82 in Pullampet Town and Mandal, Kadapa District after passing of the Decree.
3. Learned Counsel for the Revision Petitioners would submit that after dismissal of E.P.No.17 of 2005 on 09.11.2009 on technical grounds, the Decree Holder has once again filed E.P 94 of 2012, wherein, the Decree 3 Holder has described the property which is to be brought under auction as Door No.7/133 in Sy.No.276/2.
4. Learned Counsel for the Revision Petitioners would submit that Schedule of property mentioned in the Gift Deed and the Schedule of property mentioned in E.P.No.94 of 2012 are at clear variance and that inspite of such variance having been pointed out by the Registry of Principal Civil Judge (Senior Division), Rajampet, the property was brought for auction.
5. Learned Counsel for the Revision Petitioners has drawn the attention of this Court to the office objection in E.A filed by the Revision Petitioners, where the clear objection has been taken as "Schedule and Boundaries are not tallied with E.P Schedule property". Learned Counsel for the Revision Petitioners would submit that the time scheduled for auction is 3.30 P.M today.
6. Having regard to the facts and circumstances of the case, discrepancy in the description of the property in E.P.No.94 of 2012 with that of Gift Deed, this Court is of the opinion that balance of convenience lies in favour of the Revision Petitioners. Therefore, the proposed auction scheduled to take place at 3.30 P.M today, shall remain suspended until further Orders.
7. Registrar (Judicial) is directed to convey the gist this Order to the concerned Judge telephonically to suspend the Auction Proceedings.
8. Learned Counsel for the Revision Petitioners is directed to take out Personal Notice in respect of Respondent Nos.1 to 4 within one week from today and file proof of receipt of notice within one week thereafter.
9. List the matter on 11.11.2024.
______________________________________ (GANNAMANENI RAMAKRISHNA PRASAD, J) Dt: 21.10.2024 Note: Issue C.C by today B/O JKS