Utikonda Padmavathi Vs Utikonda Surya Prakash

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[3329]

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APHC010041172026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 599/2026

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Between:

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UTIKONDA PADMAVATHI, W/O UTIKONDA. SURYA PRAKASH AGED ABOUT 35 YEARS, OCCUPATION MILL, R/O KAMMAPALEM, ONGOLE, ONGOLE TOWN AND MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH, PIN CODE 523001.

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...PETITIONER

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AND

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UTIKONDA SURYA PRAKASH, S/o ( Late ) Utikonda Sriramulu, Aged About 43 Years, Occupation Running a Sri Vigneswara Gas Agencies in Ganugapalem, Ongole, Prakasam District, Andhra Pradesh. R/o Door No. 40-2-24, Thangella Kasim Street, Ongole, Prakasam District, Andhra Pradesh, India, Pin Code523001.

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...RESPONDENT

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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 toThe Aggrieved Party or Petitioner/Decree Holder filed a Civil Revision Petition on behalf of the Petitioner/Decree Holder, following among other grounds in the Present Petition, the Petitioner/Decree Holder Begs to present this Present Civil Revision Petition before this Honble Court of High Court of Andhra Pradesh, At Amaravathi aggrieved for non disposal of the EP.NO.13/2025 IN FCOP.NO.7/2023 had filed on the date of 03-02-2025 on the file of the Vlllth Additional District and Sessions Judge Court - Cum - Family Court, Ongole, Prakasam District, Andhra Pradesh, Pin Code523001. According to Under Article 227 of the Constitution of India, the Honble Court

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may be pleased to take into the consideration of the Petitioner/Deoree Holder, any may be pleased to pass

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IA NO: 1 OF 2026

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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 PLeased to dispense with fillingof the Qi&jm&di OsoajDiBr Certified Copies Docket Proceedings passed in EP.NO.13/2025 IN FCOP.NO.7/2023, Certified Order Copies in FCOP.NO.7/2023 on the file of the Hon’ble Court of VIIITH Additional District and Sessions Judge Court - Cum - Family Court, At Ongole, Prakasam District, Andhra Pradesh and pass such other appropriate order or orders may this Hon’ble Court deems fit and proper in the circumstances of the case and in the interest of justice, otherwise it will be put irreparable loss and hardshi

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Counsel for the Petitioner:

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1.GOURAVARAPU VENKATA LEELA SUNDARAM

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Counsel for the Respondent:

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The Court made the following:

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 599/2026

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ORDER

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The Civil Revision Petition is filed under Article 227 of the Constitution of India seeking for a direction to the 1^st Additional District and Sessions Judge Court, Ongole, Prakasam District for speedy disposal of E.P.No.13 of 2025 in FCOP.No.7 of 2023.

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Heard learned counsel for the petitioner. As issuance of notices

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to the respondent is not necessary in this matter, notice to the respondent is hereby dispensed with. Perused the material on record.

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The petitioner herein is the petitioner in the original petition and the respondent herein is the respondent in the original petition.

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Learned counsel for the petitioner/ D.Hr. submits that the petitioner herein filed F.C.O.P. seeking dissolution of marriage between the petitioner and the respondent under Sections 24, 25, 13(1)(ib) of Hindu Marriage Act, 1955 and seeking direction against the respondent to pay permanent alimony of Rs.50 Lakhs for food, clothes, shelter, medical expenses, medical treatments, other expenses and other living things per monthly maintenance worth of Rs.1 Lakh; monthly maintenance pendent lite expenses in the proceedings worth Rs.1Lakh; an expenses incurred in this litigation and proceedings caused by the respondent worth of Rs.5Lakhs, to repay to the parents of the petitioner given a dowry amount worth Rs.3Lakhs,

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10 sovereigns of gold ornaments and household appliances worth Rs.1Lakh at the time of marriage and costs of Rs.30,000/-. The said original petition was partly allowed and dissolved the marriage of the petitioner and the respondent was held on 21.02.2009. Further, the respondent is directed to pay a sum of Rs.20 Lakhs towards permanent alimony. The petitioner is entitled for legal expenses of Rs.50,000/- and the said total amount is directed to be paid within a period of three (03) months from the date of the order. The rest of the claim of the petitioner was dismissed. Subsequently, the petitioner herein filed an Execution Petition under Order 21 Rule 30, Order 21 Rule 54, Order 21 Rule 64, 66 and Section 51, 60 read with Section 151 of the Civil Procedure Code, 1908, on the ground that the respondent/ JDR failed to execute the orders passed, the trial Court be pleased to pass an attachment order and sale order for recovery of money i.e., Rs.20,00,000/- towards permanent alimony, the legal expenses of Rs.50,000/- by way of attachment of three schedule properties or three immovable properties mentioned in the main FCOP No.7 of 2023. But, so far, trial Court neither disposed of the execution petition nor passed any orders. Aggrieved by the same, the petitioner preferred the present revision petition.

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Learned counsel for the petitioner submits that the trial Court is not proceeding with the disposal of the execution proceedings. The said action of the trial court is in violation of the orders rendered by the Hon’ble Apex Court on 06.03.2025 in Periyammal (Dead Thr. Lrs.) vs V. Rajamani And

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Anr. Etc¹ , wherein, the Hon’ble Apex Court held that the execution petitions pending in various courts shall be decided and disposed of within a period of six months without fail, otherwise the concerned presiding officer would be answerable to the High Court on its administrative side.

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Learned counsel for the petitioners/ plaintiffs further submits that even though one year has already been lapsed from the date of filing of the execution petition, the trial Court kept the E.P pending and is not disposing of the E.P. for one reason or the other. Hence, the learned counsel requests this Court to issue an appropriate direction to the trial Court for speedy disposal of the said E.P.

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Considering the submissions of the learned counsel for the petitioners and in view of the judgment rendered by the Hon’ble Apex Court as referred supra and on perusal of the material placed on record, it is settled law that any execution petition filed before the trial court, should be disposed of within a period of six (06) months. In the instant case, the execution petition is filed on 03.02.2025 for execution of the decree passed in F.C.O.P.No.7 of 2023 on the file of VIII Additional District and Sessions Judge-cum-Family Court, Ongole, Prakasam District. It is observed that even after lapse of one year and even in the absence of any claim petitions before the execution court, the execution Court postponing the matter for one reason or the other

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2025 INSC 329

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without there being any sufficient reasons, which is certainly contrary to the ratio laid down by the Hon’ble Apex Court as referred supra.

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In view of the foregoing discussion, this Court is of the considered view that the present Civil Revision Petition can be disposed of, directing the execution Court to dispose of E.P.No.13 of 2025 in FCOP.No.7 of 2023 on the file of 1^st Additional District and Sessions Judge Court, Ongole, Prakasam District, within a period of two (02) months from the date of receipt of a copy of this order.

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