THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
CIVIL REVISION PETITION No.307 of 2023
ORDER:
This Civil Revision Petition, under Section 115 of CPC, is filed by the petitioner herein/Judgment Debtor No.1/defendant No.1, challenging the order, dated 25.01.2023 passed in E.P.No.846 of 2022 in O.S.No.84 of 2016 by the learned Chairman, Land Reforms Appellate Tribunal-cum-I Additional District Judge, Hanumakonda, wherein the executing Court allowed the Execution Petition filed by the respondent Nos.1 and 2 herein/Decree Holders and directed the petitioner herein/ Judgment Debtor No.1 and respondent No.4 herein/Judgment Debtor No.3 to vacate the scheduled property and handover the vacant possession of the scheduled property to the respondent Nos.1 and 2/Decree Holders on or before 10.02.2023, otherwise the Bailiff is directed to evict the Judgment Debtor Nos.1 and 3 from the scheduled property and handover the possession to the Decree Holders by following due process of law.
2. Heard the learned counsel for the petitioner, learned counsel for the respondent Nos.1 and 2 and perused the record. 2
3. The learned counsel for the petitioner has stated that during the pendency of the suit and as per the directions passed by this Hon'ble Court in C.R.P.No.6113 of 2017, the petitioner has deposited an amount of Rs.4,33,000/- besides the above, an amount of Rs.2,47,787/- has been paid to the concerned Municipality towards Property Tax, totaling Rs.6,80,787/-. The learned counsel for the petitioner stated that pursuant to the interim order dated 03.02.2023 passed by this Hon'ble Court in the present C.R.P, the petitioner has deposited an amount of Rs.4,00,000/- to the credit of E.P.No.846 of 2022, vide challan dated 28.02.2023. Thus, in all, the petitioner has paid an amount of Rs.10,80,787/- out of the total decreetal amount of Rs.16,47,783/- and the balance amount payable is only Rs.5,66,996/-. The learned counsel for the petitioner has stated that the executing Court without taking into consideration the amounts paid by the petitioners i.e, Rs.4,33,000/- deposited during the pendency of the suit and Rs.2,47,787/- paid towards property tax, totaling Rs.6,80,787/- has allowed the E.P in a hasty manner within a short period without giving ample opportunity to the petitioner. Therefore, the learned counsel for the petitioner prayed this Hon'ble Court to set aside the impugned order dated 25.01.2023 passed in E.P.No.846 of 2022 3 and remand the matter back to the executing Court for passing orders afresh after taking into account the amounts deposited by the petitioner from time to time, totaling Rs.10,80,787/-.
4. Per contra, the learned counsel for the respondent Nos.1 and 2 has vehemently opposed the very maintainability of the Civil Revision Petition itself and stated that petitioner is a chronic defaulter of Rent and that the E.P is filed for eviction of the petitioner. The learned counsel has stated that inspite of the specific orders passed by this Hon'ble Court in the earlier C.R.P and also the fact that a decree has been passed against the petitioner, the petitioner has been habitually defaulting in payments of rents. It is further stated that even though the petitioner has filed First Appeal before this Hon'ble Court, challenging the judgment and decree dated 21.03.2022 passed in O.S.No.84 of 2016 by the learned II Additional District Judge, at Warangal, no interim orders of stay of the judgment and decree dated 21.03.2022 in O.S.No.84 of 2016 have been passed till date. Therefore, the impugned order dated 25.01.2023 passed by the executing Court cannot be interfered with. However, the learned counsel for the respondent Nos.1 and 2 has fairly stated that the petitioner has deposited 4 amounts of Rs.4,33,000/- + Rs.2,47,787/- + Rs.4,00,000/-, totaling Rs.10,80,787/-, till date.
5. Admittedly, the respondent Nos.1 and 2 herein/plaintiffs have filed a suit in O.S.No.84 of 2016 against the petitioner herein/defendant No.1 and respondent Nos.3 to 6/defendant Nos.2 to 5 seeking eviction of the defendants from the schedule property and for arrears of rents of Rs.16,47,783/- etc,. The said suit was decreed vide judgment and decree dated 21.03.2022 passed by the II Additional District Judge, at Warangal. The respondent Nos.1 and 2 herein/plaintiffs/Decree Holders had filed E.P.No.846 of 2022 before the Chairman, Land Reforms Appellate Tribunal-cum-I Additional District Judge, Hanumakonda, to execute the said judgment and decree dated 21.03.2022. Vide impugned order dated 25.01.2023, the executing Court allowed the said E.P.No.846 of 2022. Admittedly, the decreetal amount payable by the petitioner herein/defendant No.1 is Rs.16,47,783/-, out of which, the petitioner herein has paid an amount of Rs.10,80,787/-. Thus the balance amount of Rs.5,66,996/- remains to be paid by the petitioner. Even though the petitioner has paid the amounts of Rs.4,33,000/- and Rs.2,47,787/-, the executing Court has not adverted to the same. Moreover, it is seen that the executing 5 Court has passed the impugned order within a gap of 27 days from the date of commencement of proceedings in the E.P.
6. Having regard to the fact that substantial decreetal amount has been paid by the petitioner, this Court is of the view that ends of justice would be met if the impugned order dated 25.01.2023 passed by the executing Court is set aside on some terms and the matter is remitted back to the executing Court for dealing with the same afresh after giving due opportunity to both the parties.
7. Accordingly, the impugned order dated 25.01.2023 passed in E.P.No.846 of 2022 in O.S.No.84 of 2016 by the learned Chairman, Land Reforms Appellate Tribunal-cum-I Additional District Judge, Hanumakonda, is set aside and the E.P.No.846 of 2022 is restored to its file for fresh disposal, in accordance with law, subject to payment of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) by the petitioner to the credit of said E.P.No.846 of 2022, within a period of four(4) weeks from today. On such deposit, the respondent Nos.1 and 2/decree holders are entitled to file appropriate application for withdrawal of the same. It is made clear that in case the petitioner fails to deposit the amount within the time stipulated by this Court, the 6 executing Court is directed to pass necessary orders immediately after expiry of four(4) weeks. If the petitioner deposits the above mentioned amount of Rs.2,50,000/- within the stipulated time by this Court, then the executing Court shall dispose of the E.P.No.846 of 2022, in accordance with law, within a period of eight (08) weeks from today.
8. Subject to the above directions, this Civil Revision Petition is disposed of. No costs.
Miscellaneous petitions, if any, pending in this Civil Revision Petition, shall stand closed.
_____________________ A. ABHISHEK REDDY, J Date: 23.03.2023 Note: Issue C.C in two (2) days.
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