Chennu Srinivasa Rao vs Kudravalli Veera Venkata Prasada ...
2023 Latest Caselaw 2982 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                           MAIN CASE : C.R.P.No.667 of 2023
                                   PROCEEDING SHEET

Sl.      Date                                   ORDER                                       OFFIC
No.                                                                                           E
                                                                                            NOTE

2.    09.05.2023
                   SRS,J
                                           I.A.No.2 of 2023
                          This application is filed seeking enlargement of
                   time for further period of eight weeks to comply with
                   order dated 16.03.2023 passed in I.A.No.1 of 2023 in
                   the above CRP.

                          By order dated 16.03.2023, this Court while
                   directing the Executing Court to postpone sale in
                   E.P.No.44      of    2018,   directed      petitioners/judgment
                   debtors to deposit an amount of Rs.4,00,000/- to the
                   credit of E.P.No.44 of 2018 within a period of four
                   weeks from the date of receipt of a copy of said order.
                   This Court also observed that if petitioners fail to
                   deposit said amount within time fixed by this Court,
                   the Executing Court may proceed with the case.

                          Petitioners,      pursuant         to     the     said   order,
                   deposited Rs.1,00,000/- each on 03.04.2023 and
                   10.04.2023.         Petitioners   filed        present    application
                   seeking extension of time to comply with order dated
                   16.03.2023 by depositing remaining amount.

                          Respondent/decree holder filed counter and

opposed the application.

Heard.

Learned counsel for respondent/decree holder, during the course of hearing, brought to the notice of this Court since order was not complied with Executing Court proceeded further and ordered proclamation of sale and adjourned the matter to 20.06.2023.

Since petitioners/judgment debtors have partly complied the conditional order, by depositing Rs.2,00,000/- out of Rs.4,00,000/-, this Court is inclined to extend time.

Accordingly, petitioners/judgment debtors are granted a further period of six weeks to deposit remaining amount of Rs.2,00,000/- to the credit of E.P.No. 44 of 2018 on the file of learned I Additional Senior Civil Judge, Vijayawada, failing which the Executing Court shall proceed with the case, as observed in order, dated 16.03.2023.

This petition is ordered accordingly.

_______ SRS,J

C.R.P.No.667 of 2023 Post on 20.06.2023.

_______ SRS,J

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