Kambhampati Pullaiah vs Gunnarapu Sheshi Reddy
2021 Latest Caselaw 4391 Tel

THE HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY

                         CRP No.3304 of 2014

ORDER:

1. Heard learned counsel for the revision petitioner/judgment

debtor/defendant. Notice was served on the respondent/decree

holder/plaintiff. He called absent and there is no representation on his

behalf.

2. This Civil Revision Petition is filed against the order dated

07.12.2012 in E.P.No.43 of 2007 in OS No.269 of 2005 on the file of

the Junior Civil Judge, Kodad stating that the entire E.P. amount is not

recovered to close the E.P. and the decree holder is entitled to proceed

against the E.P. schedule property to recover the remaining decretal

amount due by sale of properties. This order is challenged by the

judgment debtor.

3. The learned counsel for the revision petitioner/judgment debtor

has filed a calculation memo showing that in all an amount of

Rs.1,04,000/- is paid by the judgment debtor and that the total amount

to be recovered is Rs.1,05,420/- and the balance due amount is only

Rs.1,420/-, as per the calculation memo.

4. Having regard to the above fact and as the respondent/decree

holder remained absent to ascertain the same, the presence or

representation on behalf of the decree holder is felt essential.

AVRJ CRP No.3304 of 2014

5. In view of the above, considering the calculation memo filed by

the revision petitioner/judgment debtor, the order impugned dated

07.12.2012 passed in E.P.No.43 of 2007 in O.S.No.269 of 2005 on the

file of the Junior Civil Judge, Kodad is set aside. The Civil Revision

Petition is allowed accordingly. However, there shall be no order as to

costs. Miscellaneous applications, if any pending in this revision

petition, shall stand closed.

_______________________________ A. VENKATESHWARA REDDY, J.

Date: 16.12.2021 Isn