THE HONOURABLE JUSTICE G. SRI DEVI
CIVIL REVISION PETITION No.521 of 2020
ORDER:
The present Civil Revision Petition is filed aggrieved by the order, dated 10.02.2020, passed in E.A.No.6 of 2020 in E.P.No.2949 of 2019 in O.S.No.220 of 2017 on the file of the Special Sessions Judge for trial of cases under SCs & STs (POA) Act-cum-VII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, whereby the learned Judge allowed the said application filed by the respondents/Judgment Debtors, under Order 21 Rules 26 & 29 of C.P.C.
Brief facts of the case are as under:
The petitioner/plaintiff/D.Hr filed O.S.No.220 of 2017 before the Agent to Government and District Magistrate, Bhadradri Kothagudem, against the respondents/defendants/J.Drs for recovery of an amount of Rs.24,86,000/- with interest and costs. The said suit was decreed ex parte on 30.03.2019. Since the respondents/defendants/ J.Drs. failed to pay the decretal amount, the petitioner/plaintiff/D.Hr. filed E.P.No.2949 of 2019 seeking to attach the bank account of the 2nd defendant/J.Dr in Axis Bank, Begumpet road, Hyderabad Main Branch, for reliazation of the decretal amount. During pendency of the E.P., the respondents herein filed E.A.No.6 of 2020 under Order 21 Rules 26 and 29 read 2 with Section 151 of C.P.C. seeking to grant Stay of all further proceedings in the said E.P., contending that the E.P. was filed basing on the ex parte decree and judgment passed in O.S.No.220 of 2017 and that they have filed I.A.No.183 of 2019 seeking to set aside the ex parte decree and judgment, which was pending before the Agent to the Government and District Magistrate, Bhadradri Kothagudem. It is also contended that though the petition to set aside the ex parte decree and judgment, is pending, taking undue advantage of the ex parte judgment and decree, the petitioner herein filed E.P. seeking attachment of movables of the respondents herein and the said E.P. was posted on 26.12.2019 for appearance of the respondents herein and thereafter, the petitioner/D.Hr came to the office of the 3rd respondent herein along with the Bailiff with warrant of attachment and that the respondents herein have constrained to obstruct the execution of the warrant on 27.01.2020 by furnishing a letter and notice issued by the Agent to the Government and District Magistrate, Bhadradri Kothagudem, informing the pendency of I.A.No.183 of 2019 and also W.P.No.29260 of 2019, which was filed by the respondents herein to fix up the date of hearing in I.A.No.183 of 2019.
The petitioner/D.Hr filed counter contending that before issuing the attachment warrant, a notice has been issued to the respondents herein, but they did not appear before the Court and that after perusal of the material available on record only, the 3 warrant has been issued against the respondents herein. It is further contended that the respondents have threatened the petitioner/D.Hr, who is a tribal woman, as well as the Bailiff with dire consequences and that the decree is in force as on today and, therefore, prayed to dismiss the petition.
After considering the rival submissions, the Court below allowed the E.A. and the proceedings in E.P.No.2949 of 2019 are stayed till disposal of I.A.No.183 of 2019 in O.S.No.220 of 2017 on the file of the Agent to the Government and District Magistrate, Bhadradri Kothagudem, subject to the condition of the respondents/J.Drs depositing an amount of Rs.5,00,000/- on or before 17.02.2020. Challenging the same, the present Civil Revision Petition has been filed by the petitioner/plaintiff/D.Hr.
Heard both sides.
A perusal of the material available on record, it is evident that E.P. has been filed basing on the ex parte decree and judgment passed in O.S.No.220 of 2017. It is not in dispute that the respondents herein filed I.A.No.183 of 2019 to set aside the ex parte decree and judgment passed in O.S.No.220 of 2017, which is pending before the Agent to the Government and District Magistrate. It is also not in dispute that the respondents herein also filed W.P.No.29260 of 2019 before this Court, seeking a direction to the Agent to the Government and District Magistrate, Bhadradri 4 Kothagudem, to fix up the date of hearing in I.A.No.183 of 2019, which is also pending. It has been submitted by the learned Counsel for the respondents that stay has been granted only till the disposal of I.A.No.183 of 2019. Since the petition filed to set aside the ex parte decree and judgment passed in O.S.No.220 of 2017 is pending and the W.P.No.29260 of 2019 to fix up the date of hearing in I.A.No.183 of 2019 is also pending before this Court, it cannot be said that the order under revision is either illegal or suffers from any material irregularity, rather the impugned order is perfectly within the legal frame work. Further, in case, the proceedings in E.P. are not stayed, the whole purpose of filing petition to set aside the ex parte decree and judgment would be defeated. Moreover, it has been submitted by the learned Counsel for the respondents/J.Drs. that the amount as directed by the Court below has already been deposited before the Court below, therefore, this is not a fit case, warranting interference of this Court.
Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. As a sequel thereto, Miscellaneous Petitions pending if any, shall stand closed.
_____________________ JUSTICE G. SRI DEVI 20.01.2021 Gsn/gkv 5