V Swamulu, Prakasam Dist Anr vs Nakkala Naga Lakshmi, Prakasam Dist
2024 Latest Caselaw 5027 AP

Andhra Pradesh High Court - Amravati

V Swamulu, Prakasam Dist Anr vs Nakkala Naga Lakshmi, Prakasam Dist on 3 July, 2024

APHC010196122016
                   IN THE HIGH COURT OF ANDHRA
                               PRADESH
                                                            [3460]
                            AT AMARAVATI
                     (Special Original Jurisdiction)

             WEDNESDAY ,THE THIRD DAY OF JULY
              TWO THOUSAND AND TWENTY FOUR
                            PRESENT
     THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
             CIVIL REVISION PETITION NO: 3757/2016
Between:
V Swamulu, Prakasam Dist & Anr and Others ...PETITIONER(S)
                                  AND
Nakkala Naga Lakshmi Prakasam Dist               ...RESPONDENT
Counsel for the Petitioner(S):
   1. P RAMA SHARANA SHARMA
Counsel for the Respondent:
   1. SUBBA RAO KORRAPATI
The Court made the following:

ORDER:

The present Civil Revision Petition is filed questioning the

order dated 16.06.2016 in E.P.No.6 of 2014 in O.S.No.342 of

2006 passed by the Principal Junior Civil Judge, Chirala,

whereunder the petitioners were held to have violated the

judgment and decree in O.S.No.342 of 2006 and were ordered

to be detained in civil prison.

2. The petitioners are the judgment debtors(J.Drs.). A suit

for permanent injunction was filed against the petitioners herein

with regard to an extent of Ac.2.00 cents of land located at

Chinnaganjam Mandalam, Motupalli Village. The said suit was

decreed on 07.06.2010. In spite of the judgment and decree

restraining the petitioners/defendants from interfering with the

schedule property, they were interfering with the peaceful

possession and enjoyment of the plaintiff/respondent. Hence,

E.P.No.6 of 2014 was filed under Order XXI Rule 32 C.P.C to

send the petitioners/defendants to civil prison for intentional

violation of the decree. The trial Court, after recording

evidence, held that the petitioners/defendants are liable for

detention in the civil prison as they had intentionally violated

the judgment and decree. Hence, the present Civil Revision

Petition is filed.

3. Today, learned counsel for the petitioners filed an

affidavit of the 1st petitioner vide U.S.R.No.55564 of 2024

stating that he is presently suffering from chronic liver disease

and he is taking treatment at Apollo Hospital in Chennai. It is

also stated in the affidavit that he would undertake not to

interfere with the plaint schedule property in future also.

4. The reason given by the learned counsel for the

petitioners is that the petitioners have interfered with the

schedule property as they were not aware of the judgment and

decree, which is an ex parte decree. The explanation is a

plausible explanation in the circumstances of this case.

5. In the circumstances, taking into consideration of the

affidavit filed by the 1st petitioner, undertaking not to interfere

with the plaint schedule property in future, the order of the trial

court is set aside.

6. Accordingly, this Civil Revision Petition is allowed setting

aside the order dated 16.06.2016 in E.P.No.6 of 2014 in

O.S.No.342 of 2006 passed by the Principal Junior Civil Judge,

Chirala. No order as to costs.

7. As a sequel, the miscellaneous petitions if any shall

stand dismissed.

___________________ NYAPATHY VIJAY, J Date: 03.07.2024 Pab

HON'BLE SRI JUSTICE NYAPATHY VIJAY

CIVIL REVISION PETITION No.3757 of 2016

DATE: 03.07.2024

Pab