Andhra Pradesh High Court - Amravati
Rameswaram Venkateswara Rao ... vs Devagiri Venkata Subbamma Died on 17 October, 2025
APHC010555722025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3207]
(Special Original Jurisdiction)
FRIDAY,THE SEVENTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
CIVIL REVISION PETITION NO: 2752/2025
Between:
1. RAMESWARAM VENKATESWARA RAO @ VENKATESWARULU
(DIED), (DIED)
2. RAMESWARAM VAJRAMMA, W/O (LATE) VENKATESWARULU AGED
AROUND 70 YEARS, R/O H.NO. 20-13-188, FORT WARANAGAL,
WARANGAL DISTRICT
...PETITIONER(S)
AND
1. DEVAGIRI VENKATA SUBBAMMA DIED, (DIED)
2. DEVAGIRI CHINA BUTCHI REDDY, S/O ADINARAYANA REDDY
AGED AROUND 61 YEARS, R/O KOLLIPARA, TENALI
3. DEVAGIRI LEELAVATHI, W/O BUTCHI REDDY, AGED AROUND 59
YEARS, R/O REDDYPALEM, GUNTUR 4. DEVAGIRI
VENKATESWARA REDDY, S/O BUTCHI REDDY AGED AROUND 48
YEARS, R/O REDDYPALEM, GUNTUR
4. DEVAGIRI VENKATESWARA REDDY, S/O BUTCHI REDDY AGED
AROUND 48 YEARS, R/O REDDYPALEM, GUNTUR
5. DEVAGIRI ADI LAKSHMI, D/O BUTCHI REDDY, AGED AROUND 44
YEARS, R/O REDDYPALEM, GUNTUR
6. DEVAGIRI ADI NARAYANA REDDY, S/O BUTCHI REDDY, AGED
AROUND 44 YEARS, R/O REDDYPALEM, GUNTUR
7. THANUGURTHI ATCHAMMA, W/O BUTCHI REDDY, AGED AROUND
71 YEARS, R/O SIVAREDDIPALEM, GUNTUR
8. RAMESWARAM JESWANTH KUMAR, S/O(LATE)
VENKATESWARULU AGED AROUND 44 YEARS, R/O H.NO. 20-13-
2
188 FORT WARANAGAL, WARANGAL DISTRICT
9. RAMESWARAM BHARGHAVI, D/O (LATE) VENKATESWARULU
AGED AROUND 41 YEARS, R/O H.NO. 20-13-188 FORT
WARANAGAL, WARANGAL DISTRICT
10. RAMESWARAM HEMANTH KUMAR, S/O (LATE)
VENKATESWARULU AGED AROUND 70 YEARS R/O H.NO. 20-13-
188, FORT WARANAGAL WARANGAL DISTRICT
...RESPONDENT(S):
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 topleased to direct the Honble IVth Additional Senior Civil Judge,
Guntur, for expediting the disposal of the E.A. No. 6 of 2011 in EP No. 99 of
2000 in OS No. 362 of 1985 on the file of the Honble IVth Additional Senior
Civil Judge, Guntur within the stipulated time period as this Honble Court may
fix in accordance with the law and pass
IA NO: 1 OF 2025
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 the filing of the certified copies of the docket orders
passed in E.A. No. 6 of 2011 in EP No. 99 of 2000 in OS No. 362 of 1985 on
the file of the Hon'ble IVth Additional Senior Civil Judge, Guntur, and pass
Counsel for the Petitioner(S):
1. CKR ASSOCIATES
Counsel for the Respondent(S):
1.
The Court made the following:
3
THE HON'BLE SRI JUSTICE BATTU DEVANAND
CIVIL REVISION PETITION No.2752 of 2025
ORDER:
Heard learned counsel for the petitioners and perused the material available on record.
2. The Civil Revision Petition is filed seeking to direct the learned IV Additional Senior Civil Judge, Guntur to expedite the disposal of E.A.No.6 of 2011 in E.P.No.99 of 2000 in O.S.No.362 of 1985 pending on its file.
3. Originally, suit in O.S.No.362 of 1985 had been filed on the file of the learned Additional Senior Civil Judge, Guntur, for specific performance of the agreement of sale dated 02.06.1982. The suit was decreed vide judgment dated 26.02.1999. Thereafter, E.P.No.99 of 2000 was filed. A Registered Sale Deed vide Registered Document No.2033/2009 was executed in favour of the 1st petitioner thereby conveying the subject land in favour of him. Accordingly, execution proceedings were closed on 31.03.2009. The 1st petitioner died on 13.09.2009 before taking the physical possession of the suit scheduled property.
4. Thereafter, the 2nd petitioner and respondent Nos.8 to 10 herein were impleaded as legal heirs in the execution proceedings. Consequently, they filed E.A.No.6 of 2011 in E.P.No.99 of 2000 on the file of the learned IV 4 Additional Senior Civil Judge, Guntur under Order 21 Rule 35 of C.P.C, praying to order delivery of the property from the JDrs/respondents herein and their representatives, free from any obstructions by appointing amin and for such other orders or relief. Pending the said application, the 2nd petitioner and respondent Nos.8 to 10 herein filed E.A.No.203 of 2012 in E.A.No.6 of 2011, seeking to appoint Town Surveyor, Guntur Municipal Corporation to identify and fix the boundaries of the subject land. E.A.No.14 of 2014 was filed for a direction to Assistant Engineer, APSPDCL for disconnection of electricity connections to super structures in the subject land. E.A.No.52 of 2011 was filed for a direction to the Police Department to provide police aid to amin for execution of delivery warrant. E.A.No.372 of 2012 and E.A.No.373 of 2012 were filed for a direction to amin to remove the super structures from the subject land and for a direction to the Electricity Department to disconnect the electricity connections to the illegally occupied structures in the subject land in accordance with the law. E.A.No.965 of 2015 was filed to serve the notice on the SHO, Arundalpet PS, Guntur through the Superintendent of Police, Guntur, to provide the police aid to the Amin for the execution of the delivery warrant.
5. The said applications have been disposed of by the Execution Court and orders were passed issuing the delivery warrants with consequential directions to the APCPDCL to disconnect the electricity and further direction the Police Department to grant police aid and protection to the amin while executing the delivery warrants for physical delivery of the subject 5 land. However, despite necessary orders had been passed, the delivery warrants issued under Order 21 Rule 35 of CPC were not being executed and the same were returned on one or other reasons which did not stand scrutiny of law and the 2nd petitioner herein has been subject to unending tyranny of process adding to her hardship in her old age. The petitioners submitted various representations to the District Collector, Guntur and Superintendent of Police, Guntur. On perusal of the facts and circumstances of the case, it appears that the grievance of the petitioners is that, on one ground or the another, E.A.No.6 of 2011 is pending without any progress and as such, the 2nd petitioner herein has been subject to unnecessary hardship. Accordingly, seeking early disposal of E.A.No.6 of 2011 pending before the Execution Court, the present Civil Revision Petition is filed.
6. Learned counsel for the petitioners has placed a copy of the Circular No.04/2025, dated 28.04.2025 issued by the High Court of Andhra Pradesh. It reveals that by following the judgment of the Hon'ble Apex Court, dated 06.03.2025 in Civil Appeal Nos.3640-3642 of 2025 and in view of subsequent pending of execution petitions in the execution courts, the High Court directed all the Unit Heads of District Judiciary to instruct all the Judicial Officers dealing with the Execution Petitions to ensure that the execution petitions pending shall be decided and disposed of within a period of six months without fail. Relying on the circular of the High Court dated 28.04.2025, learned counsel for the petitioners would submit that appropriate orders are to be passed in the present petition to direct the Execution Court to 6 dispose of E.A.No.6 of 2011, which is pending for a long time before the Execution Court.
7. Having considered the facts and circumstances of the case and the submissions of the learned counsel for the petitioners and in the light of the Circular No.4 of 2025, dated 28.04.2025 issued by the High Court of Andhra Pradesh, in our considered view, it is desirable to direct the Execution Court to dispose of E.A.No.6 of 2011 pending on the file of the learned IV Additional Senior Civil Judge, Guntur within a period of three (03) months from today to meet the interests of justice.
8. Accordingly, the Civil Revision Petition is disposed of, with a direction to the learned IV Additional Senior Civil Judge, Guntur to expedite the proceedings in E.A.No.6 of 2011 in E.P.No.99 of 2000 in O.S.No.362 of 1985 pending on its file, within a period of three (03) months from the date of receipt of a copy of this order.
9. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
__________________________ JUSTICE BATTU DEVANAND Date: 17.10.2025 SCS 7 166 THE HON'BLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION No.2752 of 2025 Dt.17.10.2025 SCS