Teepireddy Laxma Reddy vs Gurram Komurella Reddy And 3 ...
2022 Latest Caselaw 6307 Tel

    HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA

      CIVIL REVISION PETITION No.1980 of 2022

ORDER:

Heard the submission of the learned counsel for the

petitioner as well as learned counsel appearing for the

respondents.

2. Challenge in this Civil Revision Petition is the

order dated 11.08.2022 that was passed by the Court of

Principal District Judge, Karimnagar, in E.P.No.477 of

2019 in O.S.No.26 of 2016.

3. Learned counsel for the petitioner states that

the petitioner is the judgment debtor in the Execution

Petition in question, and without giving an opportunity to

the judgment debtor to submit his contentions, the

executing Court ordered to issue an arrest warrant against

him, which is against law.

4. Learned counsel seeks to set aside the order

dated 11.08.2022 passed by the executing Court and to

give an opportunity to the petitioner to submit his version.

Dr.CSL,J CRP.No.1980 of 2022

5. On the other hand, bringing to the notice of this

Court the order rendered by this Court in I.A.No.1 of 2022

in A.S.No.502 of 2019 dated 26.09.2022, learned counsel

for the respondents states that the petitioner herein

preferred an appeal and sought for stay of execution

proceedings and the Court ordered to stay the proceedings

in Execution Petition subject to deposit of 50% of the

decretal amount, but the same is not deposited.

6. Having considered the submissions made thus,

the Civil Revision Petition is disposed of with the following

directions:

(i) The order dated 11.08.2022 in E.P.No.477 of

2019 in O.S.No.26 of 2016 passed by the Court of Principal

District Judge, Karimnagar, is set aside. The executing

Court is directed to verify whether the conditions imposed

by this Court through orders in I.A.No.1 of 2022 in

A.S.No.502 of 2019 dated 26.09.2022 are complied or not.

(ii) In case, the conditions imposed are not

complied, the executing Court to give an opportunity to the

Revision Petitioner/Judgment Debtor to submit his

contentions and thereafter, to proceed.

Dr.CSL,J CRP.No.1980 of 2022

As a sequel, miscellaneous petitions pending, if any,

shall stand closed

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA

Date: 01.12.2022 sai Dr.CSL,J CRP.No.1980 of 2022

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA

CIVIL REVISION PETITION No.1980 of 2022

01.12.2022

sai