Telangana High Court
Loya Mastan Rao vs Smt. Loya Venkata Vijaya Lakshmi on 8 November, 2024
THE HON'BLE SMT. JUSTICE K.SUJANA
CIVIL REVISION PETITION NO.3104 OF 2019
ORDER:
Challenging the order dated 23.08.2019 passed in E.P.No.45 of 2018 in O.S.No.218 of 2008 by the learned Senior Civil Judge, Ranga Reddy District, L.B. Nagar, the present Civil Revision Petition is filed under Section 115 of Civil Procedure Code (for short C.P.C.).
2. The facts of the case are that O.S.No.218 of 2008 is filed by the respondent-plaintiff for recovery of an amount of Rs.3,35,000/- and the suit is decreed on 29-11-2012 for an amount of Rs.5,27,060/-. Thereafter, the respondent/plaintiff filed EP.No.45 of 2018 for an amount of Rs.8,21,931/- to be realized by issuing warrant of attachment of immovable property of Judgment debtor along with future interest. The trial Court vide order dated 23-08-2019 issued warrants against the Judgment debtor. Aggrieved by the said order, the petitioner/defendant filed this Civil Revision Petition to set aside the Docket order dated 23-08-2019 in E.P.No.45 of 2018 in OS.No.218 of 2008 on the file of the learned Senior Civil Judge, Ranga Reddy District at L.B.Nagar.
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3. None appeared on behalf of the petitioner/defendant. Heard Sri B.N.Swamiji, learned counsel for the respondent/plaintiff.
4. This petition is filed by the petitioner/defendant stating that the order passed by the trial Court in I.A.Sr.No.35089 of 2019 in A.S.No.342 of 2013 before the High Court of Andhra Pradesh to set aside the orders passed on 27-02-2017 in A.S.M.P.No.2733 of 2016 and the same is pending. During the pendency of the said I.A., the respondent/defendant filed E.P. and the trial Court failed to see that the petitioner challenged the decree and judgment dated 29-11-2012 in OS.No.218 of 2008 and the same is pending as on date. It is further stated that during the pendency of the suit, the petition is not maintainable and the trial Court erred in passing order dated 23-08-2019 in EP.No.45 of 2018 in OS.No.218 of 2008 without giving proper opportunity to the petitioner/defendant. It is further stated that in ASMP.No.1097 of 2013, the High Court of Andhra Pradesh vide order dated 25-04-2013 granted interim stay. Hence, prayed to set aside the order dated 23-08-2019 in EP.No.45 of 2018 in OS.No.218 of 2008.
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5. In view of the facts and circumstances of the case and a perusal of the material available on record, it appears that in the appeal filed by the petitioner, the interim stay granted by the Court is already vacated and no interim stay is subsisting till date, and since there is no representation on behalf of the petitioner, even after giving opportunity for hearing his arguments finally, this Court does not find any merits to allow the petition.
6. In view thereof, this Civil Revision Petition is dismissed.
Consequently, Miscellaneous applications if any, are closed. No costs.
___________ K. SUJANA, J Date: 08.11.2024 PLV