HONOURABLE SMT. JUSTICE M.G. PRIYADARSINI
CIVIL REVISION PETITION No. 2852 of 2019
ORDER:
This Civil Revision Petition is directed against the orders of the learned IV Senior Civil Judge, City Civil Court at Hyderabad assailing the orders dated 11.09.2019 made in E.P. No. 60 of 2017. By the impugned order, the learned Senior Civil Judge allowed the E.P. filed by the decree holder under Order 21 Rule 54 C.P.C. and issued attachment warrant to the extent of share of the judgment debtor No. 4 in respect of the execution petition schedule property.
2. The revision petitioners herein are the judgment debtor Nos. 1 to 5. The suit in O.S. No. 376 of 2009 was decreed in favour of M/s. Margadarsi Chit Fund Private Limited, respondent here, on 02.11.2010 against the judgment debtor Nos. 1 to 5 jointly and severally for an amount of Rs.1,66,130/- with interest and costs of Rs.9,572/-. In execution of the decree, the decree holder 2 C.R.P. No. 2852 of 2019 filed E.P. No. 291 of 2011 against judgment debtor No. 4 seeking attachment of movables, but however, the same was dismissed as not pressed. Subsequently, the present Execution Petition was filed for recovery of amount of Rs.2,48,995/- and sought for attachment of immovable properties of judgment debtor No. 4 upon the apprehension that he is contemplating to dispose of his extent of share in the subject property in favour of others. Contesting the E.P., the judgment debtor No. 4 filed a counter contending that the amount sought to be recovered is based on wrong calculation and the amount already contributed by the principal debtor was not taken into consideration. Considering the contentions of both the parties and taking into account the calculation memo filed by the decree holder, the learned executing Court has allowed the E.P. by the impugned order. Hence, the present revision by the judgment debtors.
3. Considering the contention of the judgment debtor No. 4 regarding calculation of amount by the decree holder, the learned Executing Court has discussed the same at 3 C.R.P. No. 2852 of 2019 para No. 8 of the order, which shows that the decree was passed on 02.11.2010 for an amount of Rs.1,66,130/- together with future interest at 12% per annum thereon from the date of filing of the suit till the date of realization along with costs. According to the decree holder, the judgment debtors are liable to pay the decretal amount of Rs.2,48,995/- and interest from 28.12.2017 to 27.02.2019 on principal amount of Rs.1,50,000/- @ 6% per annum apart from costs of Rs.18,066/-. Thus, the total execution petition amount claimed is Rs.2,67,661/-. Even before this Court, the decree holder has filed a fresh calculation memo to the effect that till 27.06.2023, the total amount payable by the judgment debtors comes to Rs.3,06,151/-. When the decree holder filed a specific calculation memo, the revision petitioners have not come up with any specific case except baldly stating that the calculation memo is wrong. In these circumstances, this Court is not inclined to interfere with the well reasoned order passed by the learned Executing Court.
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4. In the result, the Civil Revision Petition lacks merit and the same is accordingly dismissed. No costs.
Pending Miscellaneous Petitions, if any, shall stand closed.
______________________________ JUSTICE M.G. PRIYADARSINI 15th September, 2023 Tsr 5 C.R.P. No. 2852 of 2019 HONOURABLE JUSTICE M.G. PRIYADARSINI CIVIL REVISION PETTION No. 2852 of 2019 DATE: 15-09-2023