The Present Application Is Filed ... vs Unknown
2022 Latest Caselaw 1856 AP

  HIGH COURT OF ANDHRA PRADESH::AMARAVATI
MAIN CASE No: C.R.P.NO.208 OF 2020
                                 PROCEEDINGS SHEET
Sl.                                                                                               OFFICE
                                                                                                   NOTE
No.
      DATE                                          ORDER
11.   19.04.2022
                   KSR,J

                                               I.A.NO.1 OF 2022

                     The present Application is filed by the petitioner seeking a direction to

                   the court below to direct the respondent/plaintiff/decree holder to

withdraw the amount deposited by him by furnishing a sufficient surety.

The respondent herein filed a suit in O.S.No.156 of 2009 on the file of

the court of Additional Senior Civil Judge, Kurnool for recovery of an

amount of Rs.4 Lakhs and the same was decreed on 29-01-2015.

Thereafter, the respondent/decree holder filed E.P.No.283 of 2015 for sale

of E.P Schedule property. The said E.P was set ex parte on 29-03-2016.

Thereafter, the petitioner filed E.A.No.395 of 2017 seeking to set aside the

ex parte order, dated 29-03-2016. The said application was allowed on

10-06-2019 on condition of the petitioner depositing the suit costs on or

before 12-07-2019. But, the said condition was not complied and he filed

another E.A.No.243 of 2019 seeking extension of one month time to

deposit the suit costs. The said I.A. was dismissed on 19-08-2019.

Aggrieved by the same, the petitioner filed C.M.A.No.15 of 2019. In the

C.M.A, an interim order was granted in I.A.No.313 of 2019 on condition of

the petitioner depositing an amount of Rs.2,50,000/- on or before 12-11-

2019. Questioning the said order, the petitioner filed present C.R.P. This

Court while admitting the C.R.P, granted stay in I.A.No.1 of 2020 on

condition of the petitioner depositing a sum of Rs.2,50,000/- within a

period of one month. Pursuant to the said direction, the petitioner

deposited the said amount before the executing court. This court while

disposing of the C.R.P permitted the respondent to withdraw the amount

deposited by the petitioner. Pursuant to the said direction, the respondent

filed a Check Petition seeking permission to withdraw the deposited

amount. At this stage, the petitioner came out with the present I.A

seeking a direction that the respondent may be permitted to withdraw the Sl. OFFICE NOTE No.

DATE ORDER

amount by furnishing a sufficient surety.

This court perused the entire record.

This court did not find any reason to allow the present application since

the judgment and decree, dated 29-01-2015 passed in O.S.No.156 of

2009 has become final and no Appeal has been preferred. Therefore, the

learned Executing Court is directed to dispose of the Check petition within

a period of one(1) month from the date of receipt of a copy of this order

without insisting any security. Further, the Executing Court is directed to

dispose of the E.P Proceedings as expeditiously as possible preferably

within a period of three(3) months from the date of receipt of a copy of

this order. However, it is made clear that both parties are directed to

cooperate with the disposal of the Execution Petition without seeking any

adjournments.

Accordingly, with the above direction, the present I.A.No.1 of 2022 is

disposed of.

                                                                  _________________
                                                                  K.SURESH REDDY,J

             TSNR
 Sl.                  OFFICE
                      NOTE
No.
      DATE   ORDER