THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY
CIVIL REVISION PETITION NO.2728 OF 2022
ORDER:
This Civil Revision Petition is filed assailing the orders dated 13.07.2022 in EP.No. 37 of 2021 in OS.No.69 of 2015 on the file of the XII Additional Chief Judge, City Civil Court, Secunderabad. As per the orders dated 13.07.2022 upon hearing the learned counsel for the decree holder, since the judgment debtor failed to obey the decree and also inspite of issuance of notice under Rule 22 of CPC failed to appear before the trail court, the Execution Petition was allowed and issued warrant of attachment of the schedule property.
2. It is further submitted by the learned counsel for the revision petitioner the suit schedule property is attached and it is scheduled to be sold on 01.12.2022 in the public auction and requested to stay the operation of the sale notice impugned stating that schedule property is residential house belonging to the judgment debtor and he has no other residential house. Accordingly the learned counsel requested for some more time for payment of the entire debt as per the judgment and decree in OS.No. 69 of 2015 on the file of XII Additional Chief Judge, City Civil Court, Secunderabad.
3. In the course of arguments, it is submitted by the learned counsel that the judgment debtor is willing to pay the entire E.P. debt together with interest, if some time is granted. Accordingly, in consultation with the revision petitioner/ JDR he has filed a memo with the signature of the revision petitioner stating that as on today the decreetal amount together with interest is Rs. 39,80,644/- and on or before Monday i.e 05.12.2022 he will pay the amount of Rs. 5,00,000/- and another amount of Rs. 5,00,000/- will be paid by 12.12.2022 and the remaining balance of Rs. 29, 80,644/- will be paid in two spells. First spell of Rs. 14,90,322/- to pay on or before 12.02.2023 and the remaining balance amount of Rs. 14, 90,322/- together with interest if any accrued thereon on or before 15.04.2023.
4. Having regard to the facts of the case since the residential house of the revision petitioner/judgment debtor is put to auction scheduled on 01.12.2022, on overall consideration of the facts of case, I find justification in the request made.
5. Therefore, in view of the proposal of the review petitioner, the Civil Revision Petition is allowed before admission with the following directions:
(i) The order impugned in EP.No. 37 of 2021 in OS.No. 69 of 2015 is suspended and the sale schedule to be held on 01.12.2022, as per the sale notice is hereby stayed, subject to the revision petitioner/JDR depositing initial mount of Rs. 5,00,000/- on or before 05.12.2022.
(ii) The revision petitioner/JDR shall deposit another amount of Rs. 5,00,000/- on or before 12.12.2022.
(iii) Out of the remaining balance amount of Rs. 29,80,644/-he shall deposit an amount of Rs.14, 90,322/- on or before 12.02.2023.
(iv) He shall deposit the remaining balance amount of Rs. 14,90,322/- together with interest if any or or before 15.04.2023.
6. On such deposit of the amount to the credit of EP.No. 37 of 2021 in OS.No. 69 of 2015 on the file of XII Additional Chief Judge, City Civil Court, Secunderabad as indicated above the EP proceedings shall stands terminated after recording full satisfaction.
7. In the circumstances of the case, there shall be no order as to the costs.
8. Miscellaneous applications, if any pending, shall stands closed.
________________________________ A.VENKATESWHARA REDDY, J Note: Issue certified copy today.
Dated: 30-11-2022 PL THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY CIVIL REVISION PETITION NO.2728 OF 2022 Dated: 30-11-2022 PL