The High Court · 2025

Harvest Public School, (All the Petitioners / D Hrs / Plaintiffs are minor's rep by their mother Banoth Si,i.ni wliiEinu nio, nge. 33 vears, occu' Household' (All the minor Petitioners / D Hrs / Plaintiffs and their mother are reside'nts 'of ii:i'd.;-;d/A" cni-.-nu iri'*iu,' iJ'i"p'ii* villase' Khammam Rural Mandal and District ...PETITIONERS/PETITIONERS/D'Hrs/PLAtNTIFFS AND 1 years' occu' Aqriculture and Banoth Babu Rao, S/o. Krishnamurthy, AS.e 1q Business. R/o. H. No.4-55/A,' Chi;ilid;nii, eotir'p"'m villase-' Via Gandhi Cno*i, fu"mmam Rural Mandal and District

2. Anqothu Lakshmi, Wio. Chokla, nS"-' . tB years' Occu' Household' Rlio' ' fi .iiil_;dA,'-cr,innu inilia'i""iiiig"l Eouraprra*, Khammam Rural Mandal and District ...RESPONDENTS/RESPONDENTS/J'Drs/DEFENDANTS lA NO: 1 oF 2025 Petition under order 39 Rule 1 and 2Rl/w Section 151 CPC praying that in the circumstances stated in itre atiOavit filed in support of the petition' the High Court may be pleased t" g;;;il"t";* injunction against the 1st Respondent/J'Dr I I I I ] l I I I I I I I No'1/ Defendant No.l restraining the 1st Respondent/J.Dr No.1/ Defendant No.1 from alienating or transferring tne petitionlE.ilsritt"n"oure properties in favour of third parties in any mannei titr the oisposli ITEM PROPE OF THE PETITIO N/E P/SUIT AND "C" ti'" inp SCHEDULE NO."A" RTIES "r B" Item No'A) originary agricurture rand now converted into non agricurture rand measuring to an extent of Ac 1_00gts "ri "f-j,ru".f 62 of Edulaouram village, Khammam Rurat Mandat ano oisirt*i *'.,.X' ,Jr#lnin the boundaries of EJst. Mahabubabad Road, WesL, gy_pu., norJ, N;;h. Land of Banoth Bataii and Sliit;iJ,i1,""l,.H:";,i::' N"'i il"*'i''g il.;:l;st. i", i." it".'r'r;i l,rii," - (The certific same is vatued at Rs.1 ,18,58.000/- oc ates issued by the S.R.O ff,urra, nrrJfl r acre as per the Dated.23-02-2024) valuation Item No.B) Aqriculture land measuring to an extent of Ac.0-i 4gts out of sy No.'r62 of Eduraouram virage, xn"r,ir.n'n]rraiira"norl and District which is within the boundaries or.rrsi: H/lanlo,jo"orj"iiijo: y":r. Stare Hish way, iilllii, No. ',A,, or the suit s"h;ilp;;;;;,"J""1,0 south. Land or Nunavath llli":ffiJi lfj'i:f:,['.,,18.,s8,000/- per acre and Rs 4r,50,300r ror Ac 0- nriri, out;j.zil6r"_io;ij", certificates issued by tre rarraslirrli,'r.nrri"., Item No'c) Agricurture rand.measuring to an extent of Ac.0-26gts out of the rand measuring Ac.2_00ots 9rt of Sv]lr"- r g'BiA/A,ttz ,"no oiJtii.i ',iii"L^I 91 Edutapuram viilale, Khammam Rurat lri'andat the boundaries of East.GoVT Kasturba Scho^ot, west.f_an] -*nhin "iiirh"t,i Bhaskar Rao, North.Land ot Banoth Bhaskar Rao and s"r*,. i"ni orEriiiii's'r,.n" mother of rhe praintiffs and wife of the Defendantro.r jineo'iv ir,"" jJi"rir., *".., . Counsel for the petitioners: Sri Kowturu pavan Kumar Counsel forthe Respondents: None Appeared The Court made the following: ORDER n THE HON'BLE SRI JUSTICE B' VIJAYSEN REDDY N f 2 ORDER: , The civil revision petition is filed challenging the order dated 12.02.2025 passed in un-numbered EA'No 'of 2025 in EP'No'55 of 2024 in LAC.No.614 of 2026 on the file of the I Additional Dlstrict Judge, Khammam District'

2. The petitioners. who are minors and represented by their mother-natural guardian, instituted LAC'No'614 of 2024 against the respondents No.1 and 2' Sdttlement between the parties was recorded by the Lok Adalat and award was passed on Ot'Ol '2024' As per the terms of the award' the respondent No'1 agreed to allot Items No.A and B of the suit schedule properties to the minor petitioners jointly and equal shares with absolute rights' As the terms of the award were not enforced'' EP'No'55 of 2024 was filed have been served on the by the Petitioners' Notices It is stated that pending respondents/ludgement Debtors' execution petition, attempts are being made by the respondents to sell the EP schedule property' As such' an execution application was filed on lO -O2.2O25 ' The section has returned the application as not maintainable. 1 2

3. Learned counsel for the petitioners submitted that in peculiar circumstances and due to urgency, the petitioner is constrained to approach this Court and requested this Court to direct the concerned Court to entertain.the execution application. It is stated that during the pendency of the execution application, if the subject property is arienated, it wourd frustrate the award passed by the Lok Adalat. The Court below has jurisdiction to pass interim order during the pendency of the execution application.

4. In the opinion of this Court, the objection taken by the section before the trial Court cannot be sustained. During the pendency of the execution petition, the parties are at liberty to take appropriate steps to protect their interest. The maintainability of the petition and the relief, if any, granted are the mafters to be decided on merits and such objection cannot be taken at the time of numbering of the apprication. The section objection is overrured and the I Additional District Judge, Khammam, is directed to and pass orders in accordance with law, by issuing notice to the respondents. As original EA is filed before this Court. the petitioners are permitted to file a copy of the being filed, the original EA shall be application. On such copy, entertain the peution returned to the petitioners to be presented before the triar court. J With the above observations, the clvil revision petition is disposed of. The miscellaneous applications, if any pending. shall stand closed. There shall be no order as to costs. //TRUE COPY// Sd/- T, KRISHNA DEPUW REG MAR TRAR SECTION OFFICER To, VH 15X?'#t"''3iil3ffi'Jl"JJ:99ift',[i,1H1T;ateropUCr 3. Two CD CoPies :,. '\- t-- 2 4 ft$ ?0?5 r"\ : HIGH COURT DATED: 2110212025 ORDER CRP.No.610 of 2O2S DISPOSING OF CRP