THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CIVIL REVISION PETITION No.2965 of 2022
ORDER:
This revision is filed aggrieved by the order dated 03.11.2022 passed in E.A.No.157 of 2022 in E.P.No.23 of 2013 in LAOP No.451 of 1982 on the file of the Principal Senior Civil Judge at Karimnagar.
2. The judgment-debtor filed an application under Order XXI Rule 106 of C.P.C. to set aside the order in E.P.No.23 of 2013 dated 11.11.2021. It is stated that the decree-holder filed the E.P. by claiming excess amount with the wrong calculation and the Court was pleased to call the case and passed an attachment order dated 11.11.2021. It is stated that even if calculation memo filed by the judgment-debtor shows that the amount that has been arrived at by them on the face of it is not correct and the Court below in spite of the said plea taken by the judgment-debtor has dismissed the application. In the Court below as well before this Court it is contended that the decree-holder has not claimed excess amount and LAOP is of the year 1982 and even till today the claimants are not able to enjoy the fruits of the said order.
3. Taking all these facts into consideration, this Court is of the considered view that both the parties may be given an opportunity to file 2 their respective calculation memos. Basing on the said calculation memos, the Court below shall proceed with and pass appropriate orders, within a period of three weeks from the date of receipt of a copy of this order.
4. Accordingly, the civil revision petition is allowed by setting aside the order dated 03.11.2022 passed in E.A.No.157 of 2022 in E.P.No.23 of 2013 in LAOP No.451 of 1982 on the file of the Principal Senior Civil Judge at Karimnagar and the matter is remand back to the trial Court. There shall be no order as to costs.
Miscellaneous applications, pending if any, shall stand closed.
__________________________ LALITHA KANNEGANTI, J February 08, 2023 Note:
Issue C.C. in one week.
(b/o) mar