Naralasetti Srinivasa Rao vs Manthena Hari Kumari
2024 Latest Caselaw 649 AP

Andhra Pradesh High Court - Amravati

Naralasetti Srinivasa Rao vs Manthena Hari Kumari on 23 January, 2024

                   HIGH COURT OF ANDHRA PRADESH: AMARAVATI

        MAIN CASE:       C.R.P.No.148 of 2024

                                  PROCEEDINGS SHEET
Sl.     DATE                                      ORDER                                   OFFICE
No.                                                                                        NOTE


1)    23.01.2024    GN,J.

C.R.P.No.148 of 2024

Issue notice to the respondents.

Petitioner is also permitted to serve notice of the

revision petition on the counsel representing the

respondents before the Executing Court and file

acknowledgment in the Registry.

List on 09.02.2024.

I.A.No.1 of 2024

Heard learned counsel for the petitioner.

The petitioner is before this Court being aggrieved by the

order, dated 20.12.2023, passed in E.A.No.9 of 2023 in

E.P.No.1434 of 2018 arising out of O.S.No.220 of 2013 on

the file of the VI Additional District Judge (FTC), Bapatla.

It is the case of the petitioner that the petitioner is the

judgment debtor and that schedule property, being a

residential dwelling unit, was put up for auction in

enforcement of the judgment and decree and that the

auction purchaser failed to deposit the amounts within the

time stipulated in terms of Rule 84 and Rule 85 of Order

XXI CPC; that despite the same being brought to the notice Sl. DATE ORDER OFFICE No. NOTE

of the Executing Court, the Executing Court has rejected

the same without assigning any reasons.

The learned counsel for the petitioner would take this

Court to few dates viz., the date of auction being

09.05.2022 and the deposit assigned a transaction I.D. and

said to have been accepted on 31.05.2022 i.e. beyond the

stipulated period of 15 days.

In that view of the matter, and in view of the fact that

the unit is a residential dwelling unit and in the light of the

offer of the petitioner to make a deposit in demonstration of

his bona fides, this Court deems it appropriate to stay all

further proceedings in E.P.No.1434 of 2018 in O.S.No.220

of 2013 on the file of the VI Additional District Judge (FTC),

Bapatla, Guntur, subject to the petitioner depositing a sum

of Rs.9,00,000/- (Rupees Nine Lakhs only) with the

Executing Court, within a period of four weeks from today.

_______ GN,J.

Note:

Issue C.C. by 24.01.2024. B/O cs