Gunupudi Bhaskar vs Mulla Shabbir on 23 February, 2026

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    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

    SPONSORED

    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
    6

    188

    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



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