Madala Venkata Narayana Vs Perla Mohana Rao

The petitioner herein, who is the third party claim petitioner, filed a Claim Petition, vide E.A.No.129 of 2022 in E.A.No.63 of 2022 in E.P.No.73 of 2018 in O.S.No.32 of 1980 on the file of the Principal Senior Civil Judge’s Court, Ongole, under Order 21 Rule 97 of C.P.C.

¶20

The said Claim Petition, E.A.No.129 of 2022 filed by the petitioner herein was dismissed vide order dated 22.06.2023 by the Principal Senior Civil Judge, Ongole. Aggrived by the said order dated 22.06.2023 in E.A.NO.129 of 2022, the petitioner herein has preferred appeal under Section 96 of the C.P.C., vide A.S.No.91 of 2023 on the file of the I Additional District Judge, Prakasam District at Ongole. The petitioner herein filed an application, vide I.A.No.545 of 2023 in A.S.No.91 of 2023 under Order 41 Rule 5(1) and Section 151 of C.P.C. to grant stay of all further proceedings in E.P.No.73 of 2018 in O.S.No.32 of 1980. The said application was dismissed vide order dated 04.02.2025.

¶21

Assailing the said order, the present Civil Revision Petition was filed on the ground that the petitioner herein has purchased the property from one of the co-parceners in O.S.No.32 of 1980 on the file of the Additional Senior Civil Judge’s Court, Ongole, without knowledge about the decree of the suit in favour of the plaintiff therein, bone fide and the petitioner herein is the very poor person and erected asbestos shed in the schedule property and the family members are residing in the said shed and the Court below has erroneously dismissed the said application on the ground of maintainability of the application filed under

¶22

3

¶23

Rule 97 of Order 21 of C.P.C., hence, prayed to protect the interest of the petitioner, who is third party to the suit.

¶24

Heard the learned counsel for the petitioner-third party and the learned counsel for the respondent-plaintiff/decree holder Sri Madhava Rao Nalluri.

¶25

Without delving into the merits and legal niceties of the case, this Court is inclined to dispose of the Civil Revision Petition, directing the first appellate Court, i.e., I Additional District Court, Ongole, to dispose of the appeal, i.e., A.S.No.91 of 2023, as expeditiously as possible, preferably, within a period of three (3) months from the date of receipt of a copy of this order. Till such time, the respondent/plaintiff is directed not to dispossess the petitioner from the schedule property of an extent of 1470 sq.ft. or 20 gadies 30 sq.ft. or 163.3/9 sq.yards site and RCC building bearing D.No.7/230(14), Assessment No.1035023376, situated in Sy.No.230 of Ongole Municipality, Ongole Sub Division and the petitioner is directed to deposit an amount of Rs.20,000/- (Rupees twenty thousand only) before the first appellate Court within a period of one week and if the petitioner does not cooperate for disposal of the appeal by taking adjournments repeatedly, the same amount deposited by the petitioner-third party shall appropriate to the respondent-plaintiff.

¶26