Issue Notice To The vs Unknown
2024 Latest Caselaw 993 AP

Andhra Pradesh High Court - Amravati

Issue Notice To The vs Unknown on 6 February, 2024

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                                                                         CRP No.240 of 2024



                   HIGH COURT OF ANDHRA PRADESH: AMARAVATI

        MAIN CASE:       C.R.P.No.240 of 2024

                                  PROCEEDINGS SHEET
Sl.     DATE                                     ORDER                                    OFFICE
No.                                                                                        NOTE


1)    06.02.2024    GN,J.

C.R.P.No.240 of 2024

Issue notice to the respondent.

Petitioner is also permitted to serve notice of the

revision petition on the counsel representing the

respondent before the Executing Court and file

acknowledgment in the Registry, within two weeks.

List after three weeks.

Heard learned counsel for the petitioner.

It is submitted that the petitioner is before this Court

being aggrieved by the auction notice, dated 09.01.2024,

whereby the Executing Court has notified the auction of

the property attached pursuant to the judgment and

decree passed at the instance of the respondent herein.

It is stated that the petitioner is 85 years old and that

the property notified for auction is a dwelling house,

where the petitioner is presently residing. It is further

submitted that the petitioner has now made

Sl. DATE ORDER OFFICE No. NOTE

arrangements to sell certain other immovable landed

properties and that if some time is given, he would

deposit the entire decretal amount along with interest

without fail and that the decree would be satisfied from

out of the sale consideration to be received out of the

sale of the landed properties.

Keeping in view the fact that the petitioner is not

disputing the decree and he is only seeking

accommodation of time to satisfy the decree amount and

also keeping in view the age of the petitioner and also

the fact that the property notified for auction is a

dwelling house, this Court is of the prima facie opinion

that an opportunity may be given to the petitioner

without defeating the decree. In view of the admission of

the liability and in view of the undertaking given by the

petitioner, the following order is passed:

The Executing Court is permitted to conduct the

auction, but the Executing Court shall not confirm the

auction of the sale without orders from this Court in the

instant Civil Revision Petition. Six weeks time is granted

to the petitioner to deposit the entire decretal amount

before the Executing Court. In the event the decretal

Sl. DATE ORDER OFFICE No. NOTE

amount along with interest is not deposited before the

Executing Court within the period of six weeks from

today, the Court below is at liberty to proceed further

and issue sale confirmation certificate.

There shall be interim order in the above terms.

_______ GN,J.

Note:

1) Issue C.C. today.

2) Communicate this order forthwith to the Executing Court i.e. Senior Civil Judge's Court, Sattenapalli.

B/O cs