THE HONOURABLE SRI JUSTICE P. SAM KOSHY
Civil Revision Petition No.2610 of 2023
ORDER :
The instant Revision has been filed by the petitioner under Article 227 of the Constitution of India assailing the order dated 13.04.2023 in E.P.No.417 of 2019 in O.S.No.130 of 2011 passed by the XXVII Additional Chief Judge, City Civil Court, at Secunderabad.
2. Heard Mr.Nyshadham Chandra Sekhar, learned counsel for the petitioner.
3. Perusal of the facts show that respondent Nos.1 and 2, who are plaintiffs, have got the judgment and decree in their favour on 07.06.2016 against the present petitioner and respondent Nos.3 and 4 for an amount of ₹.25,44,000/- together with interest in OS.No.130 of 2011.
4. Thereafter, respondent Nos.1 and 2 have moved E.P. before the Court below, viz., E.P.No.417 of 2019 in O.S.No.130 of 2011, and the Court below passed order on 13.04.2023 granting eight (08) weeks' time for the petitioner and respondent Nos.3 and 4 herein to satisfy the entire decreetal amount with interest and costs failing ::2:: PSK,J crp_2610_2023 which there shall be an order for issuance of arrest warrant against them. Further hearing upon the learned counsel for the petitioner, it is revealed that though the order was passed by the Court below on 07.06.2016 in O.S.No.130 of 2011, the petitioner herein has preferred First Appeal only in January, 2020, i.e., almost about 3 ½ years from the date of said order. Even though the First Appeal was filed in January, 2020, till date the same has neither been admitted nor has the First Appellate Court had granted any interim protection in favour of the petitioner herein. Further, it is reflected that the First Appeal itself was filed much after the execution proceedings were initiated by Respondent Nos.1 and 2 herein.
5. Given the said facts, more particularly, taking note of the fact that the First Appeal is still pending consideration before this Court, this Court in the present Revision finds it difficult to allow the present Revision or grant any interference to the order passed by the Court below when the Court below itself has granted more than eight (08) weeks' time as on 13.04.2023 for satisfying the decreetal amount. Even though the order was passed on ::3:: PSK,J crp_2610_2023 13.04.2023, the present Revision has been filed only on 29.08.2023. Therefore, on this ground also this Court is not inclined to interfere with the order passed by the Court below. Accordingly, the Civil Revision Petition fails and it is dismissed. No costs.
6. As a sequel, miscellaneous applications pending if any in this Civil Revision Petition, shall stand closed.
___________________ P. SAM KOSHY , J Date : 01.09.2023 Ndr