Dismissed

d kannaiah (died) v. p neelamma

Andhra Pradesh HC16 Dec 2022CRP/37/2019

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh dismissed a civil revision petition praying for stay of execution proceedings. The court found the underlying execution petition closed, rendering the revision infructuous, and there was only the record of the original suit available.

What did the court decide?

The civil revision petition was closed as it became infructuous upon finding the execution petition closed due to full deposit of funds.

d kannaiah (died) Vs p neelamma — Civil Procedure and Limitation | Andhra Pradesh HC (2022)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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FRIDAY .THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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CIVIL REVISION PETITION NO: 37 OF 2019

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Petition under Section 115 of CPC to revise the order dated 29.11.2018 made in E.P.No.12 of 2011 in O.S.No.599 of 2008 on the file of the Court of the Principal Junior Civil Judge, Chittoor

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Between:

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D Kannaiah (Died)

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2. D Gvoindamma, W/o Late D Kannaiah, aged about 65 years. Agricultural Cooie, R/o Divitivaripalle Village, No.35, Yerlampalle Post, Irala Mandal, Chittoor District
3. D Suseela, D/b Late D Kannaiah, aged about 45 years. Agricultural Coolie, R/o Divitivaripalle Village, No.35, Yerlampalle Post, Irala Mandal, Chittoor District
ANO 4. N Vasanthi @ Lakshmi Devi, W/o N Venkataramana, aged about 42 years. Agricultural Coolie, R/o D.No. 1-129, Peddareddy Ramachandra Reddy Colony, Piler, Piler Mandal, Chittoor District ...Petitioners/Respondents/ Judgment Debtors 2,4 to 6
1. P Neelamma, W/o late Neelakantaiah, aged about 62 years, house wife, R/o Divitivaripalle village, No.35, Yerlampalle post and Mandal, Chittoor District ... Respondent/Petitioner/ Decree Holder
lA NO: 1 OF 2019 2. D Devarajulu, S/o Late D Kannaiah, Aged about 65 years. Agricultural Coolie, R/o Divitivaripalle Village, No.35, Yerlampalle Post, Irala Mandal, Chittoor District ;;>Respondent/ Respondent/ 2" J.Dr**

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased To stay all further proceedings in E.P.No.12 of 2011 in OS.No.599 of 2008 on the file of the court of the Principal Junior Civil Judge, Chittoor, including sale of ‘B’ Schedule property dated on 21.01.201, pending disposal of the Civil Revision Petition

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Counsel for the Petitioner(s): SRI. S V MUNI REDDY Counsel for the Respondents:

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The Court made the following Order:

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/■

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■/

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THE HON’BLE MS JUSTICE B.S.BHANUMATHI

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CIVIL REVISION PETITION Wo.37 of 2019

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ORDER;

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Heard learned counsel for the petitioners.

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When this Court called for the lower Court record, record in the original suit only was sent. This revision petition is against the orders passed in execution petition vide E.P.No. 12 of 2011, but the record in execution petition was not sent. The learned counsel for the petitioners submitted that the current status is not informed to him. When the current status of the execution petition is verified from the e-court website of the concerned Court, the execution petition is shown to be closed on 12.03.2019 with the following observation:

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“JDr called absent. Stay order copy is not filed; though sufficient time availed in stay order copy shown stay granted for three weeks, further no stay order copy received by this court. Since entire EP amount deposited by JDr, this E.P. is closed.”

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As such, the revision petition has become infructuous.

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Accordingly, the revision petition is closed.

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There shall be no order as to costs.

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2 CRPNo.37 of2019

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Miscellaneous Petitions, if any pending, in this Civil

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Revision petition, shall stand closed.

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SD/- S. SRINIVASA PRASAD ASSISTANT! REGISTRAR' //TRUE COPY// SEC N OFFICER

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To. 1. The Principal Junior Civil Judge. Chittoor 2. One CC to SRI S V MUNI REDDY, Advocate [OPUC], 3. The Section Officer. V.R Section. High Court of A.P at Amaravathi 4. Two CD Copies sree __

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HIGH COURT

DATED:16/12/2022

ORDER

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fe H SFP 2023 a
Sesison

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CRP.No.37 of 2019

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CLOSING THE C.R.P

d kannaiah (died) v. p neelamma

Case brief

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d kannaiah (died) v. p neelamma

Case brief

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