Telangana High Court
Sri.Prakhya Satyanarayana vs Sri G.Venkateswarlu on 30 November, 2022
Bench: A.Venkateshwara Reddy
THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY
CIVIL REVISION PETITION NO.2728 OF 2022
ORDER:
This Civil Revision Petition is filed assailing the orders
dated 13.07.2022 in EP.No. 37 of 2021 in OS.No.69 of 2015 on
the file of the XII Additional Chief Judge, City Civil Court,
Secunderabad. As per the orders dated 13.07.2022 upon
hearing the learned counsel for the decree holder, since the
judgment debtor failed to obey the decree and also inspite of
issuance of notice under Rule 22 of CPC failed to appear before
the trail court, the Execution Petition was allowed and issued
warrant of attachment of the schedule property.
2. It is further submitted by the learned counsel for the
revision petitioner the suit schedule property is attached and it
is scheduled to be sold on 01.12.2022 in the public auction and
requested to stay the operation of the sale notice impugned
stating that schedule property is residential house belonging to
the judgment debtor and he has no other residential house.
Accordingly the learned counsel requested for some more time
for payment of the entire debt as per the judgment and decree
in OS.No. 69 of 2015 on the file of XII Additional Chief Judge,
City Civil Court, Secunderabad.
3. In the course of arguments, it is submitted by the
learned counsel that the judgment debtor is willing to pay the
entire E.P. debt together with interest, if some time is granted.
Accordingly, in consultation with the revision petitioner/ JDR
he has filed a memo with the signature of the revision petitioner
stating that as on today the decreetal amount together with
interest is Rs. 39,80,644/- and on or before Monday i.e
05.12.2022 he will pay the amount of Rs. 5,00,000/- and
another amount of Rs. 5,00,000/- will be paid by 12.12.2022
and the remaining balance of Rs. 29, 80,644/- will be paid in
two spells. First spell of Rs. 14,90,322/- to pay on or before
12.02.2023 and the remaining balance amount of Rs. 14,
90,322/- together with interest if any accrued thereon on or
before 15.04.2023.
4. Having regard to the facts of the case since the
residential house of the revision petitioner/judgment debtor is
put to auction scheduled on 01.12.2022, on overall
consideration of the facts of case, I find justification in the
request made.
5. Therefore, in view of the proposal of the review
petitioner, the Civil Revision Petition is allowed before admission
with the following directions:
(i) The order impugned in EP.No. 37 of 2021 in OS.No. 69 of
2015 is suspended and the sale schedule to be held on 01.12.2022,
as per the sale notice is hereby stayed, subject to the revision
petitioner/JDR depositing initial mount of Rs. 5,00,000/- on or before
05.12.2022.
(ii) The revision petitioner/JDR shall deposit another amount of
Rs. 5,00,000/- on or before 12.12.2022.
(iii) Out of the remaining balance amount of Rs. 29,80,644/-he
shall deposit an amount of Rs.14, 90,322/- on or before 12.02.2023.
(iv) He shall deposit the remaining balance amount of Rs.
14,90,322/- together with interest if any or or before 15.04.2023.
6. On such deposit of the amount to the credit of EP.No.
37 of 2021 in OS.No. 69 of 2015 on the file of XII Additional
Chief Judge, City Civil Court, Secunderabad as indicated above
the EP proceedings shall stands terminated after recording full
satisfaction.
7. In the circumstances of the case, there shall be no order
as to the costs.
8. Miscellaneous applications, if any pending, shall stands
closed.
________________________________
A.VENKATESWHARA REDDY, J
Note: Issue certified copy today.
Dated: 30-11-2022
PL
THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY
CIVIL REVISION PETITION NO.2728 OF 2022
Dated: 30-11-2022
PL
