Andhra Pradesh High Court - Amravati
Segu Venkata Naga Pullaiah vs K Ravi Kumar on 8 January, 2024
Author: K. Suresh Reddy
Bench: K. Suresh Reddy
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE SRI JUSTICE K. SURESH REDDY
CIVIL REVISION PETITION No.3355 of 2023
ORAL ORDER:
Heard learned counsel for the petitioner. As the prayer made in this civil revision petition is an innocuous one and no prejudice would be caused to the respondents by virtue of the order that is being passed, this Court is of the opinion that it is not necessary to put the respondents on notice.
2. The petitioner herein, who is respondent No.1 in E.A.No.207 of 2019 in E.P.No.59 of 2017 in O.S.No.1 of 2013 on the file of the learned Principal Senior Civil Judge, Allagadda, Kurnool District, prays for a direction for expeditious disposal of the said E.A.
3. The petitioner herein, being Decree Holder, filed E.P.No.59 of 2017 before the learned Principal Senior Civil Judge, Allagadda, Kurnool District, against the Judgment Debtors (respondent Nos.2 to 5 herein) for realization of the decretal amount under judgment and decree dated 25.07.2017 passed in O.S.No.1 of 2013, by way of attachment and sale of the petition schedule properties. The Executing Court ordered sale of one of the E.P. schedule properties and auction sale was conducted. While so, the 1st respondent herein filed E.A.No.207 of 2019 under Order 21 Rule 58 read with Sections 64 and 151 C.P.C., claiming that he has purchased the petition schedule properties from defendant No.1/judgment debtor No.1 under an agreement 2 of sale and prayed to declare him as the absolute owner and possessor of the petition schedule properties and raise attachment over the same. Now, it is the grievance of the petitioner herein/Decree Holder that after he filed counter to the subject E.A. on 22.11.2019, the 1st respondent/claim petitioner filed his chief-examination affidavit as P.W.1 and since then, he is not coming forward for cross-examination and the E.A. has undergone more than 45 adjournments so far and in view of pendency of the said E.A., he is unable to realize the fruits of the decree passed in his favour.
4. Considering the facts and circumstances of the case and since the subject E.A. has been pending since 2019, this Court deems it appropriate to direct the learned Principal Senior Civil Judge, Allagadda, Kurnool District, to dispose of E.A.No.207 of 2019 in E.P.No.59 of 2017 in O.S.No.1 of 2013 on its own merits and in accordance with law, as expeditiously as possible and, in any event, not later than three months from the date of receipt of a copy of this order.
5. With the above direction, this civil revision petition is disposed of at the stage of admission. No costs. Pending miscellaneous applications, if any, shall stand closed.
____________________________ K. SURESH REDDY, J Dt: 08.01.2024 IBL 3 HON'BLE SRI JUSTICE K. SURESH REDDY CIVIL REVISION PETITION No.3355 of 2023 Dt: 08.01.2024 IBL