Allowed

Syed Shahida Begum v. S Zeenathunnisa Begum

Andhra Pradesh HC10 Sept 2026CRP/2491/2026

Case brief

AI extract

What is this about?

The petitioner, a decree-holder, sought a direction to the executing court to expeditiously dispose of an execution application seeking permission to break open locks for delivery of possession. The High Court, relying on Supreme Court precedents mandating timely disposal of execution proceedings, disposed of the civil revision petition by directing the executing court to endeavour to decide the pending execution application within four weeks.

What did the court decide?

Direction to the executing court to endeavour to dispose of E.A. No. 280 of 2025 in E.P. No. 255 of 2023 in O.S. No. 42 of 2016 preferably within four weeks.

Syed Shahida Begum Vs S Zeenathunnisa Begum — Execution and Attachment | Andhra Pradesh HC (2026)

¶1

[3330]

¶2

APHC010468472026

¶3

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶4

(Special Original Jurisdiction)

¶5

FRIDAY, THE 11^th DAY OF SEPTEMBER 2026

¶6

PRESENT

¶7

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶8

CIVIL REVISION PETITION NO: 2491/2026

¶9

Between:

¶10

SYED SHAHIDA BEGUM, W/O. HS.AZEEZUDDIN,AGE 62 YEARS, HOUSE-WIFE, R/O.D.NO.21/122, GUNTA BAZAR STREET,KADAPA CITY DISTRICT

¶11

...PETITIONER

¶12

AND

¶13

S ZEENATHUNNISA BEGUM, W/O. SM.SALAUDDIN SM.SULTAN,AGE 60 YEARS, HOUSE WIFE, R/O. 11/103 OLD AT PRESENT D.NO.54/103,NEW KAGITALAPENTA, H/O. CHEMMUMIAPETA, KADAPA CITY DISTRICT.

¶14

SM AZEEMUDDIN, S/O. SM.SALAUDDIN SM.SULTAN,AGE 38 YEARS, R/O. 11/103 OLD AT PRESENT D.NO.54/103,NEW KAGITALAPENTA, H/O. CHEMMUMIAPETA, KADAPA CITY DISTRICT.

¶15

SM CHIRAGUDDIN, S/O. SM.SALAUDDIN SM.SULTAN,AGE 34 YEARS, R/O. 11/103 OLD AT PRESENT D.NO.54/103,NEW KAGITALAPENTA, H/O. CHEMMUMIAPETA, KADAPA CITY DISTRICT.

¶16

SM SHAIKUDDIN, S/O. SM.SALAUDDIN SM.SULTAN,AGE 32 YEARS, R/O. 11/103 OLD AT PRESENT D.NO.54/103,NEW KAGITALAPENTA, H/O. CHEMMUMIAPETA, KADAPA CITY DISTRICT.

¶17

...RESPONDENT(S):

¶18

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

¶19

¶20

pleased to aggrieved by the Case History Proceedings in Hon'ble Court of the Principal Junior Civil Judge, At Kadapa to dispose of the EA.No.280 OF 2025 in EP.No.255 OF 2023 in OS.No.42 OF 2016 on the file of the Principal Junior Civil Judge, At Kadapa

¶21

IA NO: 1 OF 2026

¶22

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased dispense with the filing of the certified copy of the Case History Proceedings, Affidavit & Petition in E.A.No.280 of 2025 in E.P.No.255 of 2023 in O.S.No.42 of 2016, in the interest of justice

¶23

Counsel for the Petitioner:

¶24

1.DHEERA KANISHKA

¶25

Counsel for the Respondent(S):

¶26

¶27

The Court made the following:

¶28

¶29

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL REVISION PETITION No.2491 OF 2026

¶30

ORDER:

¶31

The respondents, who are plaintiffs, filed O.S.No.42 of 2016 on the file of the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Kadapa, for declaration of right and title over the suit schedule EFGH portion of plaint plan and for cancellation of registered sale deed dated 14.09.2015 vide document No.4582/2015 and for granting permanent injunction restraining the petitioner/defendant from interfering with the peaceful possession and enjoyment of the suit schedule property.

¶32

The petitioner herein, who is defendant in the suit, filed counter claim for declaration of petitioner’s right, title and recovery of possession and relief of permanent injunction in respect of written statement schedule property. The learned trial Court vide judgment dated 04.04.2023, dismissed the suit filed by the respondents and decreed the counter claim filed by the petitioner.

¶33

The petitioner filed E.P.No.255 of 2023 on the file of the learned Principal Junior Civil Judge, Kadapa. The learned Executing Court allowed the E.P. vide order dated 06.08.2025, for delivery of E.P. Schedule property. Subsequently, the petitioner filed E.A.No.280 of 2025 in E.P.No.255 of 2023 in O.S.No.42 of 2016 on the file of learned Principal Junior Civil Judge, kadapa,

¶34

to permit the Court Ameen/Field Assistant to break open the locks, if any put up to the schedule property, at the time of delivering possession of the property to the petitioner. The learned Executing Court is not disposing of the

¶35

¶36

said E.A. Hence, the present Civil Revision Petition has been filed under Article 227 of the Constitution of India seeking a direction to the learned Executing Court for expeditious disposal of E.A.

¶37

The Hon’ble Apex Court in Bhoj Raj Garg v. Goyal Education and Welfare Society and others¹ held that the Execution Court is duty bound to record reasons in writing, when unable to dispose of the matter. Inter alia , observed that the Execution Court must dispose of the execution proceedings within six months from the date of filing. The same expression was reiterated in Periyammal (dead) through LR’s and others v. V.Rajamani and another² .

¶38

Therefore, the present Civil Revision Petition is disposed of directing the learned Executing Court to make an endeavour for expeditious disposal of E.A.No.280 of 2025 in E.P.No.255 of 2023 in O.S.No.42 of 2016 on the file of learned Principal Junior Civil Judge, kadapa, preferably within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

¶39

As a sequel thereto, miscellaneous petitions pending, if any shall stand closed.

¶40

__________________________________ JUSTICE TARLADA RAJASEKHAR RAO

¶41

Date: 11.09.2026

¶42

KBN

¶43