Sapthagiri Srinilaya Chit Fund ... vs Venishetty Kishore Kumar And 5 ...
2023 Latest Caselaw 1363 Tel

      THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

        CIVIL REVISION PETITION No.307 of 2023

ORDER:

This Civil Revision Petition, under Section 115 of CPC, is

filed by the petitioner herein/Judgment Debtor No.1/defendant

No.1, challenging the order, dated 25.01.2023 passed in

E.P.No.846 of 2022 in O.S.No.84 of 2016 by the learned

Chairman, Land Reforms Appellate Tribunal-cum-I Additional

District Judge, Hanumakonda, wherein the executing Court

allowed the Execution Petition filed by the respondent Nos.1 and

2 herein/Decree Holders and directed the petitioner herein/

Judgment Debtor No.1 and respondent No.4 herein/Judgment

Debtor No.3 to vacate the scheduled property and handover the

vacant possession of the scheduled property to the respondent

Nos.1 and 2/Decree Holders on or before 10.02.2023, otherwise

the Bailiff is directed to evict the Judgment Debtor Nos.1 and 3

from the scheduled property and handover the possession to the

Decree Holders by following due process of law.

2. Heard the learned counsel for the petitioner, learned

counsel for the respondent Nos.1 and 2 and perused the record.

3. The learned counsel for the petitioner has stated that

during the pendency of the suit and as per the directions passed

by this Hon'ble Court in C.R.P.No.6113 of 2017, the petitioner

has deposited an amount of Rs.4,33,000/- besides the above,

an amount of Rs.2,47,787/- has been paid to the concerned

Municipality towards Property Tax, totaling Rs.6,80,787/-. The

learned counsel for the petitioner stated that pursuant to the

interim order dated 03.02.2023 passed by this Hon'ble Court in

the present C.R.P, the petitioner has deposited an amount of

Rs.4,00,000/- to the credit of E.P.No.846 of 2022, vide challan

dated 28.02.2023. Thus, in all, the petitioner has paid an

amount of Rs.10,80,787/- out of the total decreetal amount of

Rs.16,47,783/- and the balance amount payable is only

Rs.5,66,996/-. The learned counsel for the petitioner has stated

that the executing Court without taking into consideration the

amounts paid by the petitioners i.e, Rs.4,33,000/- deposited

during the pendency of the suit and Rs.2,47,787/- paid towards

property tax, totaling Rs.6,80,787/- has allowed the E.P in a

hasty manner within a short period without giving ample

opportunity to the petitioner. Therefore, the learned counsel for

the petitioner prayed this Hon'ble Court to set aside the

impugned order dated 25.01.2023 passed in E.P.No.846 of 2022

and remand the matter back to the executing Court for passing

orders afresh after taking into account the amounts deposited

by the petitioner from time to time, totaling Rs.10,80,787/-.

4. Per contra, the learned counsel for the respondent Nos.1

and 2 has vehemently opposed the very maintainability of the

Civil Revision Petition itself and stated that petitioner is a

chronic defaulter of Rent and that the E.P is filed for eviction of

the petitioner. The learned counsel has stated that inspite of the

specific orders passed by this Hon'ble Court in the earlier C.R.P

and also the fact that a decree has been passed against the

petitioner, the petitioner has been habitually defaulting in

payments of rents. It is further stated that even though the

petitioner has filed First Appeal before this Hon'ble Court,

challenging the judgment and decree dated 21.03.2022 passed

in O.S.No.84 of 2016 by the learned II Additional District Judge,

at Warangal, no interim orders of stay of the judgment and

decree dated 21.03.2022 in O.S.No.84 of 2016 have been

passed till date. Therefore, the impugned order dated

25.01.2023 passed by the executing Court cannot be interfered

with. However, the learned counsel for the respondent Nos.1

and 2 has fairly stated that the petitioner has deposited

amounts of Rs.4,33,000/- + Rs.2,47,787/- + Rs.4,00,000/-,

totaling Rs.10,80,787/-, till date.

5. Admittedly, the respondent Nos.1 and 2 herein/plaintiffs

have filed a suit in O.S.No.84 of 2016 against the petitioner

herein/defendant No.1 and respondent Nos.3 to 6/defendant

Nos.2 to 5 seeking eviction of the defendants from the schedule

property and for arrears of rents of Rs.16,47,783/- etc,. The

said suit was decreed vide judgment and decree dated

21.03.2022 passed by the II Additional District Judge, at

Warangal. The respondent Nos.1 and 2 herein/plaintiffs/Decree

Holders had filed E.P.No.846 of 2022 before the Chairman, Land

Reforms Appellate Tribunal-cum-I Additional District Judge,

Hanumakonda, to execute the said judgment and decree dated

21.03.2022. Vide impugned order dated 25.01.2023, the

executing Court allowed the said E.P.No.846 of 2022.

Admittedly, the decreetal amount payable by the petitioner

herein/defendant No.1 is Rs.16,47,783/-, out of which, the

petitioner herein has paid an amount of Rs.10,80,787/-. Thus

the balance amount of Rs.5,66,996/- remains to be paid by the

petitioner. Even though the petitioner has paid the amounts of

Rs.4,33,000/- and Rs.2,47,787/-, the executing Court has not

adverted to the same. Moreover, it is seen that the executing

Court has passed the impugned order within a gap of 27 days

from the date of commencement of proceedings in the E.P.

6. Having regard to the fact that substantial decreetal

amount has been paid by the petitioner, this Court is of the view

that ends of justice would be met if the impugned order dated

25.01.2023 passed by the executing Court is set aside on some

terms and the matter is remitted back to the executing Court for

dealing with the same afresh after giving due opportunity to

both the parties.

7. Accordingly, the impugned order dated 25.01.2023 passed

in E.P.No.846 of 2022 in O.S.No.84 of 2016 by the learned

Chairman, Land Reforms Appellate Tribunal-cum-I Additional

District Judge, Hanumakonda, is set aside and the E.P.No.846 of

2022 is restored to its file for fresh disposal, in accordance with

law, subject to payment of Rs.2,50,000/- (Rupees Two Lakhs

Fifty Thousand only) by the petitioner to the credit of said

E.P.No.846 of 2022, within a period of four(4) weeks from

today. On such deposit, the respondent Nos.1 and 2/decree

holders are entitled to file appropriate application for withdrawal

of the same. It is made clear that in case the petitioner fails to

deposit the amount within the time stipulated by this Court, the

executing Court is directed to pass necessary orders

immediately after expiry of four(4) weeks. If the petitioner

deposits the above mentioned amount of Rs.2,50,000/- within

the stipulated time by this Court, then the executing Court shall

dispose of the E.P.No.846 of 2022, in accordance with law,

within a period of eight (08) weeks from today.

8. Subject to the above directions, this Civil Revision Petition

is disposed of. No costs.

Miscellaneous petitions, if any, pending in this Civil

Revision Petition, shall stand closed.

_____________________ A. ABHISHEK REDDY, J

Date: 23.03.2023 Note: Issue C.C in two (2) days.

(b/o) scs