Andhra Pradesh High Court - Amravati
Smt Laveti Annapurna vs Sri Akkireddy Satyanarayana on 27 September, 2024
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: C.R.P.No.2137 OF 2024
PROCEEDING SHEET
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01. 27.09.2024 RNT,J
This petition is filed under Article 227 of
the Constitution of India, challenging the EP
proceedings in E.P.No.85/2021 in
O.S.No.1105/2015 on the file of the I Additional
Senior Civil Judge, Visakhapatnam.
2. The petitioners are the judgment debtors,
the respondent Nos.1 & 2 are the decree
holders. The suit is for recovery of amount of
Rs.12,96,000/- basing on the foot of a
promissory note. The suit was decreed on
24.02.2020, for the said sum along with
subsequent interest @ 12% from the date of
filing of the suit till the date of decree and
thereafter @ 6% per anum till the date of
realization on the principal sum of
Rs.10,00,000/-.
3. Learned counsel for the petitioners
submits that the judgment debtors and
defendants have not preferred any appeal
against the decree. On the application of the
decree holder under Order XXI Rule 64 to 66 of (Contd...)
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Civil Procedure Code, the petitioners filed
objection afresh and counter affidavit raising
inter-alia that the EP schedule property sought
to be auctioned in execution of the decree is
assigned land i.e., the Government land which
cannot be put for execution. In support of the
said contention that, the EP schedule property
is the Government property being an assigned
land, learned counsel has relied upon the
statement of encumberance on property. He
referred to page nos.47 & 51, Rc.No.331/93/8,
to contend that the property was assigned land
and was regularized in favour of one Smt. Pyla
Venkata Swarna Ratnam as encroacher.
However, the Government was at liberty to
resume the land, in the event, it was required
for public purpose.
4. The Executing Court has passed the
docket order, dated 30.07.2024. Prima facie,
the learned Executing Court has not considered
the objection of the petitioners in the order,
dated 30.07.2024. Along with the petition
copies of the other docket orders, if any passed
previously, after filing of the counter by the
petitioners/judgment debtors, has not been
annexed.
5. Let the copy of all the docket orders, (Contd...)
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since after filing of the counter by the judgment
debtors before the Execution Court, be brought
on record, in particular, if by any such order, the
petitioners counter was considered.
6. Post the matter on 04.10.2024 in the
'Motion List'.
7. The proceedings in the Execution Court
shall be subject to the further orders passed in
this petition.
8. This interim order is being passed
considering the case of the petitioners that the
Government land is being put to auction in
execution proceedings.
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RNT, J
MSI
RNT, J
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