Sri Shashank Aurangabadkar vs Shri R.K. Shrivastav Wg. Cdr Retd.
2023 Latest Caselaw 1892 Tel

      THE HONOURABLE SRI JUSTICE P. SAM KOSHY

          Civil Revision Petition No.2610 of 2023

ORDER :

The instant Revision has been filed by the petitioner

under Article 227 of the Constitution of India assailing the

order dated 13.04.2023 in E.P.No.417 of 2019 in

O.S.No.130 of 2011 passed by the XXVII Additional Chief

Judge, City Civil Court, at Secunderabad.

2. Heard Mr.Nyshadham Chandra Sekhar, learned

counsel for the petitioner.

3. Perusal of the facts show that respondent Nos.1 and

2, who are plaintiffs, have got the judgment and decree in

their favour on 07.06.2016 against the present petitioner

and respondent Nos.3 and 4 for an amount of

₹.25,44,000/- together with interest in OS.No.130 of 2011.

4. Thereafter, respondent Nos.1 and 2 have moved E.P.

before the Court below, viz., E.P.No.417 of 2019 in

O.S.No.130 of 2011, and the Court below passed order on

13.04.2023 granting eight (08) weeks' time for the

petitioner and respondent Nos.3 and 4 herein to satisfy the

entire decreetal amount with interest and costs failing ::2:: PSK,J crp_2610_2023

which there shall be an order for issuance of arrest

warrant against them. Further hearing upon the learned

counsel for the petitioner, it is revealed that though the

order was passed by the Court below on 07.06.2016 in

O.S.No.130 of 2011, the petitioner herein has preferred

First Appeal only in January, 2020, i.e., almost about 3 ½

years from the date of said order. Even though the First

Appeal was filed in January, 2020, till date the same has

neither been admitted nor has the First Appellate Court

had granted any interim protection in favour of the

petitioner herein. Further, it is reflected that the First

Appeal itself was filed much after the execution

proceedings were initiated by Respondent Nos.1 and 2

herein.

5. Given the said facts, more particularly, taking note of

the fact that the First Appeal is still pending consideration

before this Court, this Court in the present Revision finds

it difficult to allow the present Revision or grant any

interference to the order passed by the Court below when

the Court below itself has granted more than eight (08)

weeks' time as on 13.04.2023 for satisfying the decreetal

amount. Even though the order was passed on ::3:: PSK,J crp_2610_2023

13.04.2023, the present Revision has been filed only on

29.08.2023. Therefore, on this ground also this Court is

not inclined to interfere with the order passed by the Court

below. Accordingly, the Civil Revision Petition fails and it

is dismissed. No costs.

6. As a sequel, miscellaneous applications pending if

any in this Civil Revision Petition, shall stand closed.

___________________ P. SAM KOSHY , J Date : 01.09.2023 Ndr