Andhra Pradesh High Court - Amravati
K. Mansur Ali Baig vs N. Venugopal Reddy on 23 February, 2021
Bench: K Suresh Reddy
THE HON'BLE SRI JUSTICE K. SURESH REDDY
CIVIL REVISION PETITION No.208 of 2020
ORDER :
This Civil Revision Petition is filed by the petitioner against
the Order, dated 5.11.2019 passed in I.A.No.313 of 2019 in
C.M.A.No.15 of 2019 on the file of the Court of I Additional District
Judge, Kurnool.
2. Brief facts of the case are that the petitioner herein is the
defendant in O.S.No.156 of 2009. The respondent herein filed the
said suit before the learned Additional Senior Civil Judge, Kurnool
against the petitioner for recovery of an amount of Rs.4,00,000/-
along with interest on the foot of promissory note. Both the parties
contested the said suit. After completion of trial, learned Additional
Senior Civil Judge, Kurnool, decreed the suit as prayed for, vide
judgment and decree dated 29.1.2015. As the petitioner herein did
not pay the decretal amount, the respondent/ Decree Holder has
filed E.P.No.283 of 2015 for sale of immovable property belonging
to the petitioner / Judgment Debtor. In the said E.P. petitioner was
set exparte on 29.3.2016. Thereafter, the petitioner filed
E.A.No.395 of 2017 seeking to set aside the exparte order dated
29.3.2016. The executing Court allowed the said E.A.No.395 of
2017 on 10.6.2019 on condition of depositing the suit costs by the
petitioner on or before 12.7.2019. The petitioner did not comply
the said condition, in turn, he filed another E.A.No.243 of 2019 in
E.A.395 of 2017 seeking extension of one month time to deposit
the suit costs. The learned Judge dismissed the said application on
19.8.2019 and also dismissed E.A.No.395 of 2017 as the petitioner
/ J.Dr., has not complied the condition by 12.7.2019. Aggrieved by
the same, the petitioner filed C.M.A.No.15 of 2019 on the file of the
Court of I Additional District Judge, Kurnool. Along with appeal,
he also filed I.A.No.313 of 2019 seeking stay of all further
proceedings in E.P.No.283 of 2015 in O.S.No.156 of 2009. After
hearing both sides, the learned I Additional District Judge granted
stay on condition of petitioner / J.Dr., depositing an amount of
Rs.2,50,000/- on or before 12.11.2019.
3. Aggrieved by the said conditional order, the petitioner herein
filed the present civil revision petition.
4. Heard learned counsel for the petitioner and learned counsel
for the respondent.
5. At the time of admission, in I.A.No.1 of 2020, this Court has
granted stay of all further proceedings in E.P.No.283 of 2015 on
condition of depositing a sum of Rs.2,50,000/-by the petitioner
within a period of one week. Pursuant to the said direction, the
petitioner has deposited a sum of Rs.2,50,000/-. Learned counsel
for the respondent did not dispute the factum of depositing the
said amount by the petitioner. As such, the condition is deemed to
have been complied with by the petitioner.
6. In that view of the matter, the learned I Additional District
Judge, Kurnool is hereby directed to dispose of the appeal in
C.M.A.No.15 of 2019 as expeditiously as possible preferably within
a period of three (03) months from the date of receipt of a copy of
this order. It is also made clear that both the parties have to co-
operate for expeditious disposal of the appeal in C.M.A.No.15 of
2019. Till the disposal of the appeal, stay granted in I.A.313 of
2019 shall remain in force. Learned counsel for the respondent is
permitted to withdraw the amount already deposited by the
petitioner / Judgment debtor.
With the above directions, the Civil Revision Petition is
disposed of. No order as to costs.
As a sequel, Miscellaneous Petitions pending, if any, shall
stand closed.
_______________________
K. SURESH REDDY, J
23rd Februray,2021.
RPD.
HON'BLE SRI JUSTICE K. SURESH REDDY
CIVIL REVISION PETITION No.208 of 2020
Dated : 23.02.2021
RPD.
