Bachu Ratnakar vs State Of Telagana
2022 Latest Caselaw 982 Tel

       THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

        CIVIL REVISION PETITION No.1461 of 2021

ORDER:

This revision, under Article 227 of the Constitution of India, is

filed by the petitioner/Judgment Debtor No.2, aggrieved by the

attachment order dated 19.02.2021 passed in E.P.No.19 of 2020 by

the learned Principal Junior Civil Judge, Huzurabad.

2. Heard the learned counsel for the petitioner/J.Dr.No.2 and

perused the record. Notice sent to respondent No.1 is not yet

returned. Respondent Nos.2 and 3 are not necessary parties to this

revision, vide cause title.

3. The learned counsel for the petitioner/J.Dr.No.2 would

contend that the Court below without considering that the subject

Execution Petition was filed to execute the ex parte Award dated

17.05.2019 passed in A.R.B.No.135 of 2018 by the Chit

Arbitrator/Deputy Registrar of Chits, Karimnagar, erroneously

passed the impugned attachment order dated 19.02.2021. Further,

the copy of the warrant dated 19.02.2021, was not given to the

petitioner/J.Dr.No.2 and ultimately prayed to allow the Criminal

Petition as prayed for.

4. As seen from the material placed on record, the respondent

No.1/Decree Holder filed E.P.No.19 of 2020 before the learned

Principal Junior Civil Judge, at Huzurabad, seeking to execute the

Award dated 17.05.2019 passed in A.R.B.No.135 of 2018 before the

Chit Arbitrator/Deputy Registrar of Chits, at Karimnagar, against the

petitioner/J.Dr.No.2 and two others. The subject E.P was filed within

two(2) years from the date of Award dated 17.05.2019 and the

Court below having examined that the Award has not been satisfied

by the Judgment Debtors, passed the impugned order of attachment

on 19.02.2021. The Court below had also complied with the

requirements under Section 60 of C.P.C. It is also contended by the

petitioner/J.Dr.No.2 that copy of the warrant dated 19.02.2021, was

not given to the petitioner. It may be noted that the petitioner is

entitled to obtain the certified copy of the warrant, if he chooses to

do so. In view of the above facts and circumstances of the case,

there is no patent perversity in the order under challenge nor the

Court below travelled beyond its jurisdiction in passing the

impugned order. Under these circumstances, there is no irregularity

or perversity in the impugned order dated 19.02.2021 passed by the

Court below. The Civil Revision Petition is devoid of merit and is

liable to be dismissed.

5. In the result, the Civil Revision Petition is dismissed.

As a sequel, the miscellaneous petitions, pending if any, shall

stand closed. There shall be no order as to costs.

______________________ Dr. SHAMEEM AKTHER, J Date: 29.10.2021 scs