Allowed

Chennu Ramana Rao v. Kokkiligadda Nancharaiah

Andhra Pradesh HC15 Sept 2026CRP/847/2024

Case brief

AI extract

What is this about?

In this civil revision petition challenging an interim proclamation and sale order in execution proceedings, the High Court recorded an amicable settlement between the parties. The petitioner deposited the balance execution debt, the decree-holder surrendered original documents, and both parties agreed to close the proceedings. Consequently, the Court set aside the impugned order and closed the execution petition.

What did the court decide?

The order dated 21.03.2024 imposing proclamation and sale is set-aside. The execution petition No.49 of 2019 is closed. No order as to costs.

Chennu Ramana Rao Vs Kokkiligadda Nancharaiah — Execution and Attachment | Andhra Pradesh HC (2026)

¶1

APHC010185582024

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327] (Special Original Jurisdiction)

¶3

WEDNESDAY, THE 16^th DAY OF SEPTEMBER 2026

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CIVIL REVISION PETITION NO: 847/2024

¶6

Between:

¶7

CHENNU RAMANA RAO, S/O.SOMULU AGED ABOUT 56 YEARS, WORKING AS PRAWN CULATIVATION AND AGRICULTURE, R/O.D.NO.22-165, GOKAMAMATAM VILLAGE H/O.NIZAMPATNAM, NIZAMPATNAM MANDAL, GUNTUR DISTRICT, REPALLI JCJ

¶8

...PETITIONER

¶9

A N D

¶10

KOKKILIGADDA NANCHARAIAH, S/o. Rosaiah, aged 55 years. Cultivation, R/o. D.No.24-129 Gokamamatam Village, H/o.Nizampatnam, Nizampatnam Mandal, Guntur District, Repalle JCJC

¶11

...RESPONDENT

¶12

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 to Set-aside the Docket order dated 23-3-2024 (Proclaim and Sale) passed in E.P.No.49 of 2019 in O.S.No.71 of 2017.on the file of the Senior Civil Judge Court, at Repalle, Guntur District and allow the CRP and pass

¶13

IA NO: 1 OF 2024

¶14

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 to stay the operation of the all further proceedings including Stay of (Proclamation & Sale to be held on dated 6-5-2024 passed in E.P.No. 49 of 2019 in O.S.No.71 of 2017 on the file of the Senior Civil Judge, Repalle, Guntur District pending disposal of the C.R.P. and pass

¶15

SRK, J CRP No.847 of 2024

¶16

¶17

IA NO: 1 OF 2025

¶18

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 to vacate the interim orders dt: 19.04.2024 in lA. No.l/2024in CRP.No.847/2024

¶19

IA NO: 1 OF 2026

¶20

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 to advance the hearing of IA.No. 1/2025 in IA.No.1/2024 in CRP. No.847/2024 as also the main CRP for consideration and grant such other relief(s) as this Hon'ble Court may deem fit and proper in the circumstances of the case.

¶21

Counsel for the Petitioner:

¶22

1.Y ANUPAMA DEVI

¶23

Counsel for the Respondent:

¶24

1.V V L N SARMA

¶25

The Court made the following:

¶26

SRK, J CRP No.847 of 2024

¶27

¶28

O R D E R

¶29

The present Civil Revision Petition came to be filed, challenging the Order dated 21.03.2024 passed in E.P.No.49 of 2019 in O.S.No.71 of 2017 by the learned Senior Civil Judge, Repalle, Guntur District (for brevity „the Executing Court‟), whereby and whereunder, the Executing Court ordered for proclamation and sale.

¶30

Petitioner herein is the Judgment-debtor (J.Dr), and respondent herein is the Decree-Holder (D.Hr), in E.P.No.49 of 2019 in O.S.No.71 of 2017 pending on the file of the Executing Court. The parties herein are referred to, as they were arrayed in the EP proceedings pending before the Executing Court.

¶31

D.Hr is the plaintiff in O.S.No.71 of 2017 on the file of the learned Senior Civil Judge, Repalle filed against the J.Dr/ defendant, for recovery of an amount of Rs.8,59,530/- with subsequent interest. The J.Dr/defendant remained ex parte, and the said suit was decreed in favour of D.Hr/plaintiff vide Judgment and Decree Dated 23.11.2017. Subsequently, the D.Hr/plaintiff filed E.P.No.49 of 2019 in O.S.No.71 of 2017 on the file of the Executing Court under Order XXI Rule 64 of the Code of Civil Procedure,

¶32

SRK, J CRP No.847 of 2024

¶33

¶34

1908 (for brevity „CPC‟) against the J.Dr/defendant for realization of the EP debt.

¶35

The Executing Court vide Order dated 21.03.2024, issued proclamation and sale order in E.P.No.49 of 2017. Aggrieved of the said order, the present Revision Petition came to be filed.

¶36

This Court vide Order dated 19.04.2024 passed the following order in I.A.No.1 of 2024, which is extracted hereunder:

¶37

“There shall be an interim stay, subject to deposit of Rs.4.00 lakhs by the petitioner within a period of eight weeks from today. In the event, such amount is deposited, the same shall not be permitted to withdraw without permission of this Court.”

¶38

6. When the matter has come up before this Court on

¶39

13.07.2026, the petitioner/J.Dr expressed his readiness to pay Rs.7.00 lakhs in two monthly instalments of Rs.3,50,000/- each, and the respondent/ D.Hr agreed to receive the said amount as full and final consideration, apart from the amount already deposited to the credit of E.P.No.49 of 2019, totalling to an amount of Rs.11.00 lakhs. The petitioner/J.Dr further represented that the original documents relating to house bearing D.Nos.24-49 and 24-49/1 situated in an extent of Ac.0.08 cents in Survey No.340/3E, Tenali

¶40

SRK, J CRP No.847 of 2024

¶41

¶42

Registration District, Manthenavaripalem Sub-District,

¶43

Nizampatnam Gram Panchayat and Village, Guntur District, are with the respondent/D.Hr. The respondent/D.Hr admitted that the documents are with him. In view of the said reason, this Court directed the respondent/D.Hr to produce the original documents before this Court on the next date of hearing. It is further observed that the respondent/D.Hr is permitted to withdraw the amounts lying in the credit of E.P.No.49 of 2019 without furnishing any security and adjourned the matter to 12.08.2026.

¶44

7. On 12.08.2026, this Court passed the following Order:

¶45

“Pursuant to the Order dated 13.07.2026, the revisionpetitioner produced the original D.D. bearing No.46454679 for an amount of Rs.3,50,000/- drawn on Union Bank of India, Nizampatnam in favour of Kokkiligadda Nancharaiah. The original D.D. is handed over to Sri Nancharaiah/D.Hr, who appeared before this Court.

¶46

Sri Kokkiligadda Nancharaiah/D.Hr produced the original document relating to the house of J.Dr before this Court.

¶47

The J.Dr verified the document and satisfied with the same.

¶48

The original document shall be kept in custody of the Registrar (Judicial), until the payment of balance amount.

¶49

After payment of balance amount, the original document will be handed over to J.Dr.

¶50

List the matter on 09.09.2026.”

¶51

8. On 09.09.2026, it was represented by the learned

¶52

counsels that the compromise talks were going on, with regard to

¶53

SRK, J CRP No.847 of 2024

¶54

¶55

the balance amount to be paid to the petitioner, and accordingly, the matter was posted to today.

¶56

Today, when the matter has come up before this Court, it is submitted by the learned counsel for the petitioner/J.Dr that on earlier occasion, an amount of Rs.3,50,000/- is already been paid, and the balance amount of Rs.3,50,000/- has been handed over to the respondent/D.Hr, today, by way of Demand Draft bearing BC No.46454685 dated 10.09.2026, and the same was acknowledged by the respondent/D.Hr and the same was identified by the learned counsel representing on behalf of respondent/D.Hr.

¶57

Since full and final payment has been made by the petitioner/J.Dr to the respondent/D.Hr, on production of original documents by the Registrar (Judicial) that were kept in his custody, this Court handed over the same to the respondent/D.Hr forthwith, under proper identification and acknowledgment. In view of the amicable settlement arrived at, between the parties, the respondent/D.Hr reported no objection to close the EP proceedings.

¶58

In view of the aforesaid facts and circumstances of the case, since both parties settled the matter amicably before this

¶59

SRK, J CRP No.847 of 2024

¶60

¶61

Court, the Order dated 21.03.2024 passed in E.P.No.49 of 2019 in O.S.No.71 of 2017 by the learned Senior Civil Judge, Repalle at Guntur District is set-aside, and consequently, the E.P.No.49 of 2019 stands closed.

¶62

Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs of the Revision Petition.

¶63

As a sequel, interlocutory applications pending, if any, in the Revision Petition shall stand closed.

¶64

JUSTICE K. SREENIVASA REDDY

¶65

16^th September, 2026. DNB

Chennu Ramana Rao v. Kokkiligadda Nancharaiah

Case brief

What is this about?

What did the court decide?

Chennu Ramana Rao v. Kokkiligadda Nancharaiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases