Andhra Pradesh High Court – Amravati
Gunupudi Bhaskar vs Mulla Shabbir on 23 February, 2026
APHC010446692019
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3504]
(Special Original Jurisdiction)
MONDAY,THE TWENTY THIRD DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
CIVIL REVISION PETITION NO: 3899/2019
Between:
1. GUNUPUDI BHASKAR, S/O SUBBA RAO AGED ABOUT 53YRS,
OCC. BUSINESS R/O PODILI VILLAGE AND MANDAL PRAKASAM
DISTRICT
...PETITIONER
AND
1. MULLA SHABBIR, Shabbir S/o Madar Vali Aged about 53yrs, Occ.
Business R/o Podili village and mandal Prakasam District
...RESPONDENT
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 Orders in E.P.No.35/2017 in 0.S.No.157/2016, dt.25-11-2019
on the file of the Senior Civil Judge, Darsi, Prakasam District the present CRP
IA NO: 1 OF 2019
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
suspend the Order and Decree in E.P.No.35/2017 in 0.S.No.157/2016, dt.25-
11-2019 on the file of the Senior Civil Judge, Darsi, Prakasam District pending
disposal of the CRP
Counsel for the Petitioner:
1. P NAGENDRA REDDY
Counsel for the Respondent:
2
1. MADHAVA RAO NALLURI
The Court made the following:
3
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
CIVIL REVISION PETITION NO: 3899/2019
ORDER:
–
The instant Civil Revision Petition was instituted under Section 115 of
the Civil Procedure Code, assailing the order dated 25.11.2019 made in
E.P.No.35 of 2017 in O.S.No.157 of 2016, on the file of the learned Senior
Civil Judge, Darsi, Prakasam District.
2. Heard Sri P. Nagendra Reddy, the learned counsel for the petitioner
and Sri Madhava Rao Nalluri, learned counsel for the respondent.
3. The respondent herein, instituted O.S.No.157 of 2016, on the file of
learned Senior Civil Judge, Darsi, Prakasam District, against the revision
petitioner herein arraying him as the defendant, seeking recovery of money.
The said suit was decreed on 22.03.2017.
4. According to both the learned counsel, the suit attained finality.
5. Consequent to the non-compliance of the said decree, the
respondent/D.Hr/plaintiff has instituted E.P.No.35 of 2017 in O.S.No.157 of
2016 under Order XXI, Rules 37 and 38 of CPC seeking arrest of the revision
petitioner/J.Dr/defendant.
6. The executing court, after hearing elaborate submissions as well as
perceiving the evidence on both sides, allowed the said E.P.No.35 of 2017
vide order dated 25.11.2019.
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7. Challenging the dismissal of the said EP, the revision petitioner/J.Dr
instituted the instant Civil Revision Petition under Section 115 of C.P.C. before
this Court.
8. Undisputedly, on 03.01.2020, this Court granted conditional interim
order, whereby, the revision petitioner is directed to deposit Rs.2,50,000/-
within the stipulated period. Thereafter, the matter was adjourned from time to
time.
9. At the time of hearing, the learned counsel for the petitioner submits
that the order dated 03.01.2020 has been complied in its true letter and spirit.
However, so as to pay the remaining requisite amount, the learned counsel for
the revision petitioner sought three (03) months time. In view of old age
ailments facing by the revision petitioner, the learned counsel for the
respondent requested this Court to permit him to file appropriate petition
before the Execution Court so as to withdraw the deposited amount in terms
of the interim orders dated 03.01.2020 of this Court in C.R.P.No.3889 of 2019.
10. Conversely, Sri Madhava Rao Nalluri, learned counsel for
respondentwith all fairness, has not disputed the same and requested this
Court to pass appropriate orders.
11. Taking the above submissions and also taking into consideration the
admitted fact that the revision petitioner is aged more than 60 years, as such,
in view of his old age ailments as stated by the learned counsel for the
petitioner, this Court is of the considered opinion, that this is a fit case to grant
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three (03) months to deposit the remaining amount along with interest from
the date of receipt of copy of this Order.
12. Accordingly, the Civil Revision Petition is disposed of with the following
terms:
i. The revision petitioner is hereby directed to deposit the remaining
E.P. amount along with interest and costs, within a period of three (03)
months from the date of receipt of copy of this Order in E.P.No.35 of
2017 in O.S.No.157 of 2016, on the file of the Senior Civil Judge, Darsi,
Prakasam District. On such deposit, the respondent/D.Hr is permitted to
withdraw the same amount without furnishing any security.
ii. The learned counsel for the respondent/D.Hr is hereby directed to
file appropriate petition and the same shall be considered by the
Execution Court forthwith. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this
Civil Revision Petition shall stand closed.
_______________________________
JUSTICE MAHESWARA RAO KUNCHEAM
23.02.2026.
Note:
Issue CC by 10 ten days
B/o.SCH
6188
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
CIVIL REVISION PETITION NO.3899 of 2019
23.02.2026
Note:
Issue CC by 10 ten days
B/o.SCH