Challagulla Srinivasa Rao, vs Venkata Tirumala Chit Fund ...
2023 Latest Caselaw 4995 AP

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     THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

           CIVIL REVISION PETITION NO.1528 OF 2023

ORDER:-

       Heard learned counsel for the petitioners and learned

counsel for the respondents.

2. The revision petitioners are judgment-debtors (J.Drs) 3 and 4

in E.P.No.240 of 2018 in Dispute No.91 of 2016 on the file of

learned IV Additional Senior Civil Judge, Guntur. The said E.P.

was filed for arrest of the petitioners for realization of the decretal

amount. The arrest was ordered. The J.Drs 3 and 4 have

challenged the said order before this Court.

3. At the time of hearing, both the parties have agreed that the

J.Drs would pay the decretal amount in two instalments i.e. the

first instalment would be paid on 11.09.2023 and second

instalment would be paid on 11.10.2023. So, subject to the said

condition that the J.Drs 3 and 4 shall pay the decretal amount on

the aforesaid two instalments, stay of arrest was ordered.

4. Learned counsel for the petitioners/J.Drs would submit that

the first instalment was paid on 11.09.2023 and the second

instalment was also paid on 11.10.2023 by 5.00 p.m. as ordered

by this Court and as agreed by the J.Drs and the decree has been

satisfied.

5. Learned counsel for the 1st respondent/D.Hr would also

fairly concede on instructions that the first instalment was paid on

11.09.2023 and second instalment was also paid on 11.10.2023

and that entire decretal amount is paid and that the decree has

been satisfied.

6. In that view of the matter, nothing survives for adjudication

in this revision petition.

7. Therefore, the Civil Revision Petition is disposed of with a

direction to the Executing Court to pass the consequential order of

terminating the E.P. in view of the fact that the decree is satisfied

by the petitioners/J.Drs 3 and 4 by paying the entire decretal

amount. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any pending, in this

petition, shall stand closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 13.10.2023 ARR

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CIVIL REVISION PETITION NO.1528 OF 2023

Date : 13-10-2023

ARR