Proceeding Sheet vs Learned Counsel For The ...
2023 Latest Caselaw 3835 AP

                   HIGH COURT OF ANDHRA PRADESH
                    MAIN CASE No. C.R.P.No.4849 of 2016
                           PROCEEDING SHEET
Sl.                                                                         OFFICE
                                          ORDER

No      DATE                                                                 NOTE

03.   08.08.2023   BVLNC, J
                         Sri      K.Satyanandam,    learned      counsel

representing Sri T.V.Jaggi Reddy, learned counsel for the revision-petitioners present.

Sri T.Janardhana Rao, learned counsel for R.2 and R.5 present.

Heard the learned counsel for the revision- petitioners.

This revision is filed challenging the Order,

dated 11.08.2016 in E.P.No.74 of 2015 in

O.S.No.23 of 2006 on the file of Senior Civil

Judge's Court, Putturu, whereunder the learned

Trial Judge dismissed the above EP filed by the

D.Hr against the J.Dr No.4 to sell the EP

schedule property and to recover the decretal

amount.

Learned counsel for the revision-petitioners

would submit that the decree mandates that all

the judgment-debtors are jointly and severally

liable to pay the decree amount and therefore, ...contd., the revision-petitioners filed execution petition

2nd page against the 4th respondent/judgment-debtor to

...contd., recover the decree amount by sale of the EP

schedule property, but the Trial Court

erroneously dismissed the said execution petition

holding that the judgment-debtor No.4 as a

Director of the Judgment-debtor No.1 company,

liability is limited to her share holding in the

company and the EP schedule property is her

ancestral property and therefore, the EP is not

maintainable.

Learned counsel for the revision-petitioners

would further submit that the learned Trial

Judge went beyond the terms of the decree and

erroneously dismissed the EP, though the decree

specifically speaks that the liability of all the

judgment-debtors is joint and several.

None appeared for the respondent

No.4/judgment-debtor, though notice served.

List on 22.08.2023 under the caption 'For Orders'.

___________ BVLNC, J PSK