THE HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY
CRP No.3304 of 2014
ORDER:
1. Heard learned counsel for the revision petitioner/judgment debtor/defendant. Notice was served on the respondent/decree holder/plaintiff. He called absent and there is no representation on his behalf.
2. This Civil Revision Petition is filed against the order dated 07.12.2012 in E.P.No.43 of 2007 in OS No.269 of 2005 on the file of the Junior Civil Judge, Kodad stating that the entire E.P. amount is not recovered to close the E.P. and the decree holder is entitled to proceed against the E.P. schedule property to recover the remaining decretal amount due by sale of properties. This order is challenged by the judgment debtor.
3. The learned counsel for the revision petitioner/judgment debtor has filed a calculation memo showing that in all an amount of Rs.1,04,000/- is paid by the judgment debtor and that the total amount to be recovered is Rs.1,05,420/- and the balance due amount is only Rs.1,420/-, as per the calculation memo.
4. Having regard to the above fact and as the respondent/decree holder remained absent to ascertain the same, the presence or representation on behalf of the decree holder is felt essential. Page 2 of 2
AVRJ CRP No.3304 of 2014
5. In view of the above, considering the calculation memo filed by the revision petitioner/judgment debtor, the order impugned dated 07.12.2012 passed in E.P.No.43 of 2007 in O.S.No.269 of 2005 on the file of the Junior Civil Judge, Kodad is set aside. The Civil Revision Petition is allowed accordingly. However, there shall be no order as to costs. Miscellaneous applications, if any pending in this revision petition, shall stand closed.
_______________________________ A. VENKATESHWARA REDDY, J.
Date: 16.12.2021 Isn