Panchireddy Ramanamurthy vs Paidi Chandrarao
2024 Latest Caselaw 10529 AP

Andhra Pradesh High Court - Amravati

Panchireddy Ramanamurthy vs Paidi Chandrarao on 20 November, 2024

                                                              C.R.P.No.2465 of 2024


 APHC010447722024
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI                           [3331]
                            (Special Original Jurisdiction)

            WEDNESDAY ,THE TWENTIETH DAY OF NOVEMBER
                 TWO THOUSAND AND TWENTY FOUR

                                   PRESENT

          THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

                    CIVIL REVISION PETITION NO: 2465/2024

Between:

Panchireddy Ramanamurthy and Others                          ...PETITIONER(S)

                                       AND

Paidi Chandrarao                                              ...RESPONDENT

Counsel for the Petitioner(S):

1. GRANDHI PRIYANKA

Counsel for the Respondent:

1.

The Court made the following Order:

The above revision is filed by the judgment debtor against order dated 16.12.2022 in E.P.No.68 of 2020 in O.S.No.146 of 2017 on the file of learned Senior Civil Judge, Srikakulam.

Suit O.S.No.146 of 2017 was decreed on 20.02.2020, directing the revision petitioners to pay to the plaintiff the suit amount together with subsequent interest at 24% per annum from the date of suit till the date of realization on the principal amount.

Since, the revision petitioners failed to pay the amount, decree holder filed E.P.No.68 of 2020 under Order XXI Rules 37 and 38 of the Code of Civil Procedure, 1908 to issue warrant to the judgment debtors to commit them to

civil prison if they fail to pay the E.P. amount. The said execution petition was allowed, on contest, on 16.12.2022.

This revision is filed with a delay of 560 days. The condone delay petition is pending. Normally, without adjudicating the delay petition, Court will not grant any interim order. However, learned counsel for the revision petitioners submitted that revision petitioners will deposit half of the decreetal amount.

Given the above facts of the case, there shall be stay of all further proceedings, including arrest of the revision petitioners/judgment debtors, in E.P.68 of 2020 in O.S.No.146 of 2017 on the file of learned Principal Senior Civil Judge, Srikakulam, on the condition of the revision petitioners/judgment debtors, depositing half of the decreetal amount to the credit of E.P.68 of 2020 in O.S.No.146 of 2017 on the file of learned Principal Senior Civil Judge, Srikakulam, within three weeks from today. On such deposit, respondent/decree holder is entitled withdraw the amount without furnishing any security.

If half of the decreetal amount is not deposited within three weeks, the stay stands vacated without any further reference.

Post on 18.12.2024.

___________________________ JUSTICE SUBBA REDDY SATTI Date : 20.11.2024 IKN