Smt. Maloth Kamala vs M/S. Exide Insurance Company ...
2021 Latest Caselaw 112 Tel

                THE HONOURABLE JUSTICE G. SRI DEVI


                CIVIL REVISION PETITION No.521 of 2020

ORDER:

The present Civil Revision Petition is filed aggrieved by the

order, dated 10.02.2020, passed in E.A.No.6 of 2020 in E.P.No.2949 of

2019 in O.S.No.220 of 2017 on the file of the Special Sessions Judge

for trial of cases under SCs & STs (POA) Act-cum-VII Additional

District and Sessions Judge, Ranga Reddy District at L.B.Nagar,

whereby the learned Judge allowed the said application filed by the

respondents/Judgment Debtors, under Order 21 Rules 26 & 29 of

C.P.C.

Brief facts of the case are as under:

The petitioner/plaintiff/D.Hr filed O.S.No.220 of 2017 before

the Agent to Government and District Magistrate, Bhadradri

Kothagudem, against the respondents/defendants/J.Drs for

recovery of an amount of Rs.24,86,000/- with interest and costs. The

said suit was decreed ex parte on 30.03.2019. Since the

respondents/defendants/ J.Drs. failed to pay the decretal amount,

the petitioner/plaintiff/D.Hr. filed E.P.No.2949 of 2019 seeking to

attach the bank account of the 2nd defendant/J.Dr in Axis Bank,

Begumpet road, Hyderabad Main Branch, for reliazation of the

decretal amount. During pendency of the E.P., the respondents

herein filed E.A.No.6 of 2020 under Order 21 Rules 26 and 29 read

with Section 151 of C.P.C. seeking to grant Stay of all further

proceedings in the said E.P., contending that the E.P. was filed

basing on the ex parte decree and judgment passed in O.S.No.220 of

2017 and that they have filed I.A.No.183 of 2019 seeking to set aside

the ex parte decree and judgment, which was pending before the

Agent to the Government and District Magistrate, Bhadradri

Kothagudem. It is also contended that though the petition to set

aside the ex parte decree and judgment, is pending, taking undue

advantage of the ex parte judgment and decree, the petitioner herein

filed E.P. seeking attachment of movables of the respondents herein

and the said E.P. was posted on 26.12.2019 for appearance of the

respondents herein and thereafter, the petitioner/D.Hr came to the

office of the 3rd respondent herein along with the Bailiff with

warrant of attachment and that the respondents herein have

constrained to obstruct the execution of the warrant on 27.01.2020 by

furnishing a letter and notice issued by the Agent to the Government

and District Magistrate, Bhadradri Kothagudem, informing the

pendency of I.A.No.183 of 2019 and also W.P.No.29260 of 2019,

which was filed by the respondents herein to fix up the date of

hearing in I.A.No.183 of 2019.

The petitioner/D.Hr filed counter contending that before

issuing the attachment warrant, a notice has been issued to the

respondents herein, but they did not appear before the Court and

that after perusal of the material available on record only, the

warrant has been issued against the respondents herein. It is further

contended that the respondents have threatened the

petitioner/D.Hr, who is a tribal woman, as well as the Bailiff with

dire consequences and that the decree is in force as on today and,

therefore, prayed to dismiss the petition.

After considering the rival submissions, the Court below

allowed the E.A. and the proceedings in E.P.No.2949 of 2019 are

stayed till disposal of I.A.No.183 of 2019 in O.S.No.220 of 2017 on

the file of the Agent to the Government and District Magistrate,

Bhadradri Kothagudem, subject to the condition of the

respondents/J.Drs depositing an amount of Rs.5,00,000/- on or

before 17.02.2020. Challenging the same, the present Civil Revision

Petition has been filed by the petitioner/plaintiff/D.Hr.

Heard both sides.

A perusal of the material available on record, it is evident that

E.P. has been filed basing on the ex parte decree and judgment

passed in O.S.No.220 of 2017. It is not in dispute that the

respondents herein filed I.A.No.183 of 2019 to set aside the ex parte

decree and judgment passed in O.S.No.220 of 2017, which is

pending before the Agent to the Government and District

Magistrate. It is also not in dispute that the respondents herein also

filed W.P.No.29260 of 2019 before this Court, seeking a direction to

the Agent to the Government and District Magistrate, Bhadradri

Kothagudem, to fix up the date of hearing in I.A.No.183 of 2019,

which is also pending. It has been submitted by the learned

Counsel for the respondents that stay has been granted only till the

disposal of I.A.No.183 of 2019. Since the petition filed to set aside

the ex parte decree and judgment passed in O.S.No.220 of 2017 is

pending and the W.P.No.29260 of 2019 to fix up the date of hearing

in I.A.No.183 of 2019 is also pending before this Court, it cannot be

said that the order under revision is either illegal or suffers from any

material irregularity, rather the impugned order is perfectly within

the legal frame work. Further, in case, the proceedings in E.P. are

not stayed, the whole purpose of filing petition to set aside the ex

parte decree and judgment would be defeated. Moreover, it has been

submitted by the learned Counsel for the respondents/J.Drs. that

the amount as directed by the Court below has already been

deposited before the Court below, therefore, this is not a fit case,

warranting interference of this Court.

Accordingly, the Civil Revision Petition is dismissed. There

shall be no order as to costs. As a sequel thereto, Miscellaneous

Petitions pending if any, shall stand closed.

_____________________ JUSTICE G. SRI DEVI 20.01.2021 Gsn/gkv