Segu Venkata Naga Pullaiah vs K Ravi Kumar
2024 Latest Caselaw 309 AP

Andhra Pradesh High Court - Amravati

Segu Venkata Naga Pullaiah vs K Ravi Kumar on 8 January, 2024

Author: K. Suresh Reddy

Bench: K. Suresh Reddy

     IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI


              HON'BLE SRI JUSTICE K. SURESH REDDY

            CIVIL REVISION PETITION No.3355 of 2023

ORAL ORDER:

Heard learned counsel for the petitioner. As the prayer made in this

civil revision petition is an innocuous one and no prejudice would be caused

to the respondents by virtue of the order that is being passed, this Court is of

the opinion that it is not necessary to put the respondents on notice.

2. The petitioner herein, who is respondent No.1 in E.A.No.207 of 2019 in

E.P.No.59 of 2017 in O.S.No.1 of 2013 on the file of the learned Principal

Senior Civil Judge, Allagadda, Kurnool District, prays for a direction for

expeditious disposal of the said E.A.

3. The petitioner herein, being Decree Holder, filed E.P.No.59 of 2017

before the learned Principal Senior Civil Judge, Allagadda, Kurnool District,

against the Judgment Debtors (respondent Nos.2 to 5 herein) for realization

of the decretal amount under judgment and decree dated 25.07.2017 passed

in O.S.No.1 of 2013, by way of attachment and sale of the petition schedule

properties. The Executing Court ordered sale of one of the E.P. schedule

properties and auction sale was conducted. While so, the 1st respondent

herein filed E.A.No.207 of 2019 under Order 21 Rule 58 read with Sections 64

and 151 C.P.C., claiming that he has purchased the petition schedule

properties from defendant No.1/judgment debtor No.1 under an agreement

of sale and prayed to declare him as the absolute owner and possessor of the

petition schedule properties and raise attachment over the same. Now, it is

the grievance of the petitioner herein/Decree Holder that after he filed

counter to the subject E.A. on 22.11.2019, the 1st respondent/claim petitioner

filed his chief-examination affidavit as P.W.1 and since then, he is not coming

forward for cross-examination and the E.A. has undergone more than 45

adjournments so far and in view of pendency of the said E.A., he is unable to

realize the fruits of the decree passed in his favour.

4. Considering the facts and circumstances of the case and since the

subject E.A. has been pending since 2019, this Court deems it appropriate to

direct the learned Principal Senior Civil Judge, Allagadda, Kurnool District, to

dispose of E.A.No.207 of 2019 in E.P.No.59 of 2017 in O.S.No.1 of 2013 on

its own merits and in accordance with law, as expeditiously as possible and,

in any event, not later than three months from the date of receipt of a copy

of this order.

5. With the above direction, this civil revision petition is disposed of at

the stage of admission. No costs. Pending miscellaneous applications, if any,

shall stand closed.

____________________________ K. SURESH REDDY, J Dt: 08.01.2024 IBL

HON'BLE SRI JUSTICE K. SURESH REDDY

CIVIL REVISION PETITION No.3355 of 2023

Dt: 08.01.2024

IBL