1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI .

4 MONDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO

CIVIL REVISION PETITION NO: 1714 OF 2024

Petition filed under Section 115 of Code of Civil Procedure, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to present this Memorandum of Civil Revision petition aggrieved by the action of the court below in recording of the delivery of schedule shop in E.P.No.214 of 2024 while pendency of the E.A.No.112 of 2024 in RCC 14/2015 on the file of the Rent Controller Cum IV Additional Junior Civil Judge, Vijayawada

Between:

M.L. Narasimha Rao, S/o. Late Hanumantha Rao, Male, Aged 48 years R/o. D.N0.27-36-8A, Governorpet, Vijayawada - 2. Ground Floor, Byreddy Ramanna Street,

...PETITIONER/ JDRI RESPONDENT

AND

• 1. G. Baby Sarojini (DIED), (Died),
• 2. Gujju Naga Venkata Durga Vara Prasad, S/o. Venkata Ramana Reddy, W\a\e, Aged 24 years, R/o.D.No.27-36-8/1, Byreddy Ramanna Street, Governorpet, Buckinghampet, Vijayawada - 2.
• 3. Jhansi Lakshmi Sindhu, D/o. Venkata Ramana Reddy, Female, Aged 21 years, R/o.D.No.27-36-8/1, Byreddy Ramanna Street, Governorpet, Buckinghampet, Vijayawada - 2.

(Respondents 2 and 3 are added as legal representatives of the deceased 1®' Respondent)

...RESPONDENTS/ DHR'S/ PETITIONERS

lA NO: ¹ OF 2024

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 grant stay of all further proceedings including recording of the delivery in E.P.No.214 of 2024 in RCC.No.14 of 2015 on the file of the Rent Controller Cum IV Addl. Junior Civil Judge, Vijayawada

s

Counsel for the Petitioner: SRI. MANGENA SREE RAMA RAO

Counsel for the Respondents: —

The Court made the following;

APHC010326532024

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

[2605]

MONDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO

CIVIL REVISION PETITION NO: 1714/2024

Between;

...PETITIONER M.L. Narasimha Rao

AND

...RESPONDENT(S) G EBaby Sarojini Died and Others

Counsel for the Petitioner:

¹ .MANGENA SREE RAMA RAO

Counsel for the Respondent{S):

The Court made the following Order:

the instant Civil Revision Petition is filed by the Petitioner/J.Dr/Respondent on the apprehension that without considering the objections raised by him in E.A.No.112 of 2024 against the delivery of the schedule property in E.P.No.214 of ²⁰²⁴ the Executing Court may record the delivery of the schedule property and when once such record is In essence

made, his objections put forth in E.A.No.112 of 2024 will become infructuous.

2. It is an admitted fact that so far the Executing Court has not recorded the delivery and on the other hand, the matter is posted to 18.08.2024. In that view, it cannot be now said that the Executing Court may record the delivery without hearing the objections said to be made by the petitioner in E.A.No.112 of 2024. Therefore, considering the factual position obtained as on today, this Court is of the considered view that a direction can be given to the Executing Court to hear the objections raised by the petitioner in E.A.No.112 of 2024 against the delivery at first and pass an order on merit and then depending upon the said Order proceed further in the EP.

3. Therefore, the Civil Revision Petition is disposed of with a direction to the learned Rent Controller-cum-IV Additional Junior Civil Judge, Vijayawada that the Court shall first hear the objections raised in E.A.No.112 of 2024 and pass an order on merit and then proceed in EP thereafter. The entire exercise shall be completed within a period of Six weeks from the date of receipt of a copy of this Order.

2

/

0^

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

Sd/- G.HELA NAIDU ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

• 1. The Rent Controller- Cum- IV Additional Junior Civil Judge, Vijayawada, Krishna District
• 2. One CC to SRI. MANGENA SREE RAMA RAO, Advocate [OPUC]
• 3. Three CD Copies

MV

HIGH COURT

ORDER

CRP.No.1714 of 2024

DISPOSING OF THE CRP

MV