Jonnalagadda Subrahmanyam vs M/S.Shriram Chits Ltd
2021 Latest Caselaw 5254 AP

          THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
                                        AND
          THE HONOURABLE DR. JUSTICE K.MANMADHA RAO


                CIVIL REVISION PETITION No.1322 OF 2021


ORDER:(Per Hon'ble Sri Justice C.Praveen Kumar)


       Heard Ms.Kalla Tulasi Durgamba, learned counsel for the

petitioners and Sri Maheswara Rao Kunchem, learned Standing Counsel

for the 1st respondent. With their consent, the Civil Revision Petition is

disposed of at the admission stage.

2. This civil revision petition is filed under Section 115 C.P.C.

challenging the docket order dated 20.04.2021 passed in E.P.No.95 of

2014 in A.C.P.No.1 of 2012, which is as under:

"Calculation Memo filed by the learned counsel for the Decree Holder. At request of the learned counsel for the Judgment Debtor, for objections if any. As per the directions of the Hon'ble High Court of Andhra Pradesh, the Judgment Debtor had failed to deposit the balance amount within two months from the date of order. Hence, issue Order 21 Rule 38 CPC arrest warrant against J.Drs.1 and 4, on payment of process. Call on 27.04.2021."

3. As the petitioner failed to comply with the order passed by this

Court in C.R.P.No.3137 of 2019, the order referred to above came to be

passed.

4. On instructions, Sri Maheswara Rao Kunchem, learned Standing

Counsel for the 1st respondent, would submit that in order to give a

quietus to the litigation, the petitioners may be directed to deposit Rs.61,688/- for the present and balance amount to be paid shall be

worked out in the E.P.

5. The same is opposed by the learned counsel for the petitioners.

6. Having regard to the above, this Civil Revision Petition is disposed

of directing the petitioners to deposit Rs.61,688/- within a period of one

week from today in default, the 1st respondent is at liberty to execute

the order in E.P.No.95 of 2014. In case the amount as ordered is

deposited, the balance amount to be paid/recovered shall be worked

out before the Executing Court in accordance with law and E.P. shall be

disposed of within four weeks. It is needless to mention that the

1st respondent is permitted to withdraw the amount deposited without

any security.

7. With the above direction, the Civil Revision Petition is disposed

of. No costs.

All pending miscellaneous petitions if any, shall stand closed.

________________________

JUSTICE C.PRAVEEN KUMAR

______________________________

DR. JUSTICE K.MANMADHA RAO Date: 15.12.2021 Pab THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE DR. JUSTICE K.MANMADHA RAO

CIVIL REVISION PETITION No.1322 OF 2021

DATE: 15.12.2021

Pab