K.Dhanunjaya vs M/S Sundaram Finance Ltd.,
2022 Latest Caselaw 1193 AP

Citation : 2022 Latest Caselaw 1193 AP
Judgement Date : 7 March, 2022

Andhra Pradesh High Court - Amravati

K.Dhanunjaya vs M/S Sundaram Finance Ltd., on 7 March, 2022

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

               CIVIL REVISION PETITION No.375 OF 2022

                             PROCEEDING SHEET

Sl.                                                                      OFFICE
        DATE                             ORDER
No.                                                                       NOTE
02.   07.03.2022 AHSANUDDIN AMANULLAH, J
                         and
                 G. RAMAKRISHNA PRASAD, J

                  (Per Hon'ble Mr. Justice G. Ramakrishna Prasad)

                        Heard      Mr.    Ineni Venkata Prasad,
                 learned counsel for the petitioner.

                        2. The petitioner herein is judgment
                 debtor no.3. The respondent no.1 herein

secured an ex parte award dated nil against the principal borrower and the two sureties which includes the petitioner herein as well.

3. Thereafter, the Decree Holder/respondent no.1 herein had filed E.P. No.927 of 2018 in A.C. No.241 of 2013 and sought to execute the decree only against the petitioner/judgment debtor no.3, as indicated in column No.11 of the Execution Petition.

4. The petitioner was later set ex parte by the executing Court.

5. The petitioner herein filed E.A. No.126 of 2019 seeking to set-aside the order of the executing Court setting him ex parte. The said E.A. No.126 of 2019 is dismissed by docket order dated 30.11.2021. Against such order of dismissal, the petitioner has filed the present Civil Revision Petition.

6. Nothing transpires from the record as to what steps the executing petitioner (Decree Holder) has taken for recovery of the

debt amount from the principal borrower.

7. In view of the fact that the award dated nil has been passed ex parte and also in view of the fact that the Decree Holder has filed E.P. only against the petitioner, there shall be an ad interim ex parte stay of the proceedings in E.P. No.927 of 2018 till the next date.

8. List the matter on 28.03.2022.

________________________________ (AHSANUDDIN AMANULLAH, J)

________________________________ (G. RAMAKRISHNA PRASAD, J)

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