Disposed

Smt.C.Anjeramma v. Poguri Chennaiah

Andhra Pradesh HC25 Jul 2024CRP/687/2024

Case brief

AI extract

What is this about?

The High Court disposed of a civil revision petition challenging the conduct of an execution court. The petitioners sought direction to consider their application for setting aside an ex-parte order filed with a delay. The Court directed the execution court to decide the application at the earliest, preferably on the next date of hearing.

What did the court decide?

Direction to execution court to consider E.A. No.90 of 2024 before taking further steps in E.P. No.100 of 2023.

Smt.C.Anjeramma Vs Poguri Chennaiah — Civil Procedure and Limitation | Andhra Pradesh HC (2024)

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I. . %

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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FRIDAY, THE TWENTY SIXTH DAY OF JULY

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO

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CIVIL REVISION PETITION NO: 687 OF 2024

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Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased direct the Execution Court to consider and dispose of the application in E.A.No.90 of 2023in E.P.No.100 of 2023 in I.A.No.181 of 2019 in O.S.No.123 of 2010, on the file of V Additional District Judge at Tirupathi.

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Between:

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Smt.C.Anjeramma [DIED as per LRs Petitioner No’s 7,8], W/o. Late. C. GovindaiahChetty, Aged 83 years, Occ: Housewife, R/o. D.No.6-135, Gandia Street, Nagari Town Post and Mandal, Chittoor^District.

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C. Venkaeshwarlu, S/o. Late C.Govinda Chetty, Aged 60 years, Occ: Agriculture R/o. D.No.6-135, Gandia Street, Nagari^Town Post and Mandal, Chittoor District.

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C. Muneeswaraiah, (died)

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C. Nagarani, W/o. Late C.Muneeswaraiah, Aged 45 years, Occ: Housewife R/o. D.No.6-135, Gandia Street, Nagari Town Post and Mandal, Chittoor District.

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C. Vinod Kumar, S/o. Late C.Muneeswaraiah, Aged 23 years, Occ: Student R/o. D.No.6-135, Gandla Street, Nagari Town Post and Mandal, Chittoor District.

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C. Yaswanth, S/o. Late C.Muneeswaraiah, Aged 20 years, Occ: Student, R/o. D.No.6-135, Gandla Street, Nagari Town Post and Mandal, Chittoor District.

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Katikapally Chandra, W/o. K.Jayaram Chetty Aged 49 years, Occ; Housewife, R/o. Door No.6-137, Gandala Street, Nagari^TownPost& Mandal, Chittoor District.

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B. Latha, W/o. B. Gopal,.Aged 40 years, Occ: Housewife, R/o. Door No.2-126, Gandala Street, Nagari Town Post & Mandal, Chittoor District.

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[Petitioner No’s 7 and 8 have been brought on record^asLR’sof deceased 1 St Petitioner as per Court order dated 26-07-2024 vide I.A No.2 of 2024 in CRP No.687 of 2024]

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...Petitioners/Respondents/J.DRs

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Poguri Chennaiah, S/o. P. Venkataiah, Aged 63 years,^{Occ:Business,} R/o. D.No.5, State Bank Colony, Kongareddypalli, Chittoor^Town,Post Mandal and District

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...Respondent/D.HR

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lA NO: 1 OF 2024

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Petition under Section 151 of CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the auction of EP schedule property,^{scheduletobeheld}

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on 01.04.2024 in E.P.No.100 of 2023 in I.A.No.181 of 2019 in O.S.No.123 of 2010 on the file of V Additional District Judge at Tirupathi.

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iA NO: 2 OF 2024

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Petition under Order 22 Rule 4 R/w Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to bring the record as Proposed Petitioners No.7 & 8 as legal heirs of the Petitioner No.1 in the above CRP No. 687 of 2024 as well as in the I.A.s

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Counsel for the Petitioners: SMT. KALLA TULASI DURGAMBA

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Counsel for the Respondent: SRI P HEMACHANDRA REDDY

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The Court made the following:

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APHC010151552024

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B5H

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3206]

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(Special Original Jurisdiction)

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FRIDAY .THE TWENTY SIXTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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CIVIL REVISION PETITION NO: 687/2024

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Between:

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Smt.c.anjeramma and Others

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...PETITIONER(S)

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AND

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Poguri Chennaiah ...RESPONDENT

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Counsel for the Petitioner(S):

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KALLA TULASI DURGAMBA

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Counsel for the Respondent:

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1.HEMACHANDRA REDDY P

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The Court made the following Order:

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The respondent herein had filed O.S.No.123 of 2010 before the learned V Additional District Judge, Tirupati for recovery of mortgage money based on a mortgage deed. The said suit was decreed on 14.09.2017 by way of a preliminary decree. Subsequently, a final decree was passed on 03.01.2023 in LA.No.181 of 2019. Thereafter, E.P.No.100 of 2023 was filed for execution of the said decree.

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At that stage, as there was no representation for the petitioners, they were set ex-parte in E.P.No.100 of 2023. Thereafter, the petitioners 1 to 6 sought to file an application to set aside the ex-parte order dated

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25.01.2024. As there was a delay of 11 days in filing^{thesaidapplication,the} petitioners 1 to 6 filed E.A.No.90 of 2024.

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On 11.03.2024, the Executing Court had again adjourned the matter to 01.04.2024. The petitioners being aggrieved by the said adjournment, on the ground that the Executing Court^{wascontinuingwiththe} execution proceedings without hearing the application^{ofthepetitioners,have} approached this Court. 4. In these circumstances, this Civil Revision Petition^isdisposedof directing the Executing Court to consider E.A.No.90^{of2024beforetakingany} further steps in E.P.No.100 of 2023. Needless to say^{thesaidE.A.No.90of} 2024 to be taken up and heard at the earliest, preferably^{onthenextdateof} hearing itself.

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There shall be no order as to costs. As a sequel, pending miscellaneous

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sequel, pending miscellaneous petitions, if any, shall stand

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closed.

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SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR

//TRUE COPY//

SECtlDN OFFICER

The V Additional District Judge at Tirupathi, Chittoor^{District,(with} records if any)

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One CC to Smt. Kalla Tulasi Durgamba, Advocate [OPUO

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One CC to Sri Hemachandra Reddy P., Advocate [OPUC]

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Three CD Copies

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sree

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HIGH COURT DATED:26/07/2024

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ORDER

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CRP.No.687 of 2024

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anoh^
m
:,g 11i AUG 20?'! Co
'i'
. Current Section

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DISPOSING OF THE C.R.P. WITHOUT COSTS

Smt.C.Anjeramma v. Poguri Chennaiah

Case brief

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Smt.C.Anjeramma v. Poguri Chennaiah

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