Andhra Pradesh High Court - Amravati
Samala Leela Balaji Balaji vs Gudavarapu Venkatesh, on 8 November, 2024
APHC010497722022
IN THE HIGH COURT OF ANDHRA PRADESH
[3460
AT AMARAVATI
]
(Special Original Jurisdiction)
FRIDAY ,THE EIGHTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL REVISION PETITION NO: 1866/2022
Between:
Samala Leela Balaji @ Balaji ...PETITIONER
AND
Gudavarapu Venkatesh ...RESPONDENT
Counsel for the Petitioner:
1 VENKAT
. CHALLA
Counsel for the Respondent:
1 T V JAGGI
. REDDY
The Court made the following:
2
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
Civil Revision Petition No.1866 of 2022
ORDER:
1. The present Civil Revision Petition is filed questioning the Order
dated 01.08.2022 in E.P.No.99 of 2020 in O.S.No.173 of 2018 passed by
the I Additional Senior Civil Judge, Kakinada.
2. The Petitioner is the Defendant. The respondent filed O.S.No.173 of
2018 for recovery of money on the basis of promissory note said to have
been executed by the Petitioner. The said suit was decreed on 20.06.2019.
Thereafter, the Petitioner filed A.S.No.47 of 2021 on the file of IV Additional
District Court, Kakinada, and the same is pending. As there was no interim
order in the Appeal restraining execution of the decree, the
respondent/Decree Holder filed E.P.No. 99 of 2020 seeking to auction the
schedule property.
3. When the E.P. was posted for sale after completing statutory procedure,
the Petitioner filed un--numbered E.A.No.--- of 2022 seeking to adjourn
the case for a period of 30 days on the ground that the appeal filed by him
along with the stay petition was pending before the Appellate Court. The
Executing Court rejected the said application on 01.08.2022 and confirmed
the auction in favour of the respondent/D.Hr for an amount of
Rs.20,50,000/-. Questioning rejection of the application filed by the
Petitioner, the present Civil Revision Petition is filed.
4. This Court on 21.09.2022 passed an interim order staying all further
proceedings in E.P.No.99 of 2020 in O.S.No.173 of 2018 pending on the
file of First Additional Senior Civil Judge, Kakinada, for a period of six
weeks and the same was extended subsequently and permitted the
Petitioner/Defendant to deposit the EP amount along with further interest
within a period of four weeks and the same was complied with.
Subsequently, on 07.12.2022, the respondent was also permitted to pay
5% of the poundage amount since the auction was conducted.
5. It is represented by the learned counsel for the respondent that in
view of the interim order granted by this Court, Sale Certificate was not
issued in favour of the Decree Holder.
6. Since there is an appeal filed by the petitioner questioning the
Judgment and Decree in O.S.No.173 of 2018, this Court is of the opinion
that if the sale is confirmed, the appeal filed by the petitioner may not yield
fruitful results. Therefore, in the interest of justice, the interim order
granted by this Court on 21.09.2022 is made absolute till disposal of the
Appeal No. 47 of 2021. The auction shall be subject to the outcome of the
appeal. Till such decision is rendered in the appeal, the further
proceedings in the Execution proceedings shall be kept in abeyance. The
District Appellate Court shall endeavor to dispose of the appeal at the
earliest, preferably within six months from today.
7. Accordingly, the Civil Revision Petition is disposed of. No order as to
costs. Other miscellaneous petitions, pending if any, shall stand closed.
__________________
NYAPATHY VIJAY, J
Date: 8.11.2024
eha
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CRP NO.1866 of 2022
Dt. 8.11.2024
eha
