THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL REVISION PETITION No. 711 of 2021
ORDER:
Heard Sri M.V.S. Suresh Kumar, learned Senior Counsel representing the learned counsel for the petitioner and Sri B. Nalin Kumar, learned counsel for respondent No.1, at length.
Having regard to the various contentions raised, more particularly, with respect to the allegation that Sri M.V.S. Suresh Kumar, learned Senior Counsel, argued only in main E.P.No.29 of 2014 on 21.12.2020 and was not engaged in E.A.No.96 of 2017, which aspect is also being seriously disputed, and considering the very scope of objections being raised by the petitioner, who incidentally is Judgment Debtor No.2, against whom, the decree in O.S.No.132 of 1999 is required to be executed, the learned Judge ought to have focused on disposing the main E.P. itself, more particularly, considering the fact that the judgment and decree is dated 13.11.2002, and CRP.No.5863 of 2002 against the same was also dismissed by this Court.
In those circumstances, this Civil Revision Petition is disposed of with a direction to the Court below to dispose of E.P.No.29 of 2014 along with other E.A.s, within three (3) weeks CKR, J 2 C.R.P.No.711 of 2021 after conclusion of the arguments, strictly on merits and after considering the arguments that may be advanced by the respective parties.
Considering the representation made at this juncture that the matter is coming up tomorrow i.e., 09.06.2021, there shall be a direction to the Court below to give a fresh date tomorrow when the matter is taken up or when a mention is made by the learned counsel. It is made clear that the learned counsel shall advance their arguments on the given date and the Court below shall not give any further adjournment on that date.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
_________________________ CHALLA KODANDA RAM, J 8th JUNE, 2021.
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