HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
CIVIL REVISION PETITION No.1980 of 2022
ORDER:
Heard the submission of the learned counsel for the petitioner as well as learned counsel appearing for the respondents.
2. Challenge in this Civil Revision Petition is the order dated 11.08.2022 that was passed by the Court of Principal District Judge, Karimnagar, in E.P.No.477 of 2019 in O.S.No.26 of 2016.
3. Learned counsel for the petitioner states that the petitioner is the judgment debtor in the Execution Petition in question, and without giving an opportunity to the judgment debtor to submit his contentions, the executing Court ordered to issue an arrest warrant against him, which is against law.
4. Learned counsel seeks to set aside the order dated 11.08.2022 passed by the executing Court and to give an opportunity to the petitioner to submit his version.
Dr.CSL,J CRP.No.1980 of 2022 2
5. On the other hand, bringing to the notice of this Court the order rendered by this Court in I.A.No.1 of 2022 in A.S.No.502 of 2019 dated 26.09.2022, learned counsel for the respondents states that the petitioner herein preferred an appeal and sought for stay of execution proceedings and the Court ordered to stay the proceedings in Execution Petition subject to deposit of 50% of the decretal amount, but the same is not deposited.
6. Having considered the submissions made thus, the Civil Revision Petition is disposed of with the following directions:
(i) The order dated 11.08.2022 in E.P.No.477 of 2019 in O.S.No.26 of 2016 passed by the Court of Principal District Judge, Karimnagar, is set aside. The executing Court is directed to verify whether the conditions imposed by this Court through orders in I.A.No.1 of 2022 in A.S.No.502 of 2019 dated 26.09.2022 are complied or not.
(ii) In case, the conditions imposed are not complied, the executing Court to give an opportunity to the Revision Petitioner/Judgment Debtor to submit his contentions and thereafter, to proceed.
Dr.CSL,J CRP.No.1980 of 2022 3 As a sequel, miscellaneous petitions pending, if any, shall stand closed ________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date: 01.12.2022 sai Dr.CSL,J CRP.No.1980 of 2022 4 190 HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CIVIL REVISION PETITION No.1980 of 2022 01.12.2022 sai