R. Sulochana vs M/S Margadarsi Chit Fund Private ...
2023 Latest Caselaw 2442 Tel

     HONOURABLE SMT. JUSTICE M.G. PRIYADARSINI

       CIVIL REVISION PETITION No. 2852 of 2019


ORDER:

This Civil Revision Petition is directed against the

orders of the learned IV Senior Civil Judge, City Civil Court

at Hyderabad assailing the orders dated 11.09.2019 made

in E.P. No. 60 of 2017. By the impugned order, the learned

Senior Civil Judge allowed the E.P. filed by the decree

holder under Order 21 Rule 54 C.P.C. and issued

attachment warrant to the extent of share of the judgment

debtor No. 4 in respect of the execution petition schedule

property.

2. The revision petitioners herein are the judgment

debtor Nos. 1 to 5. The suit in O.S. No. 376 of 2009 was

decreed in favour of M/s. Margadarsi Chit Fund Private

Limited, respondent here, on 02.11.2010 against the

judgment debtor Nos. 1 to 5 jointly and severally for an

amount of Rs.1,66,130/- with interest and costs of

Rs.9,572/-. In execution of the decree, the decree holder

C.R.P. No. 2852 of 2019

filed E.P. No. 291 of 2011 against judgment debtor No. 4

seeking attachment of movables, but however, the same

was dismissed as not pressed. Subsequently, the present

Execution Petition was filed for recovery of amount of

Rs.2,48,995/- and sought for attachment of immovable

properties of judgment debtor No. 4 upon the apprehension

that he is contemplating to dispose of his extent of share in

the subject property in favour of others. Contesting the

E.P., the judgment debtor No. 4 filed a counter contending

that the amount sought to be recovered is based on wrong

calculation and the amount already contributed by the

principal debtor was not taken into consideration.

Considering the contentions of both the parties and taking

into account the calculation memo filed by the decree

holder, the learned executing Court has allowed the E.P. by

the impugned order. Hence, the present revision by the

judgment debtors.

3. Considering the contention of the judgment debtor

No. 4 regarding calculation of amount by the decree holder,

the learned Executing Court has discussed the same at

C.R.P. No. 2852 of 2019

para No. 8 of the order, which shows that the decree was

passed on 02.11.2010 for an amount of Rs.1,66,130/-

together with future interest at 12% per annum thereon

from the date of filing of the suit till the date of realization

along with costs. According to the decree holder, the

judgment debtors are liable to pay the decretal amount of

Rs.2,48,995/- and interest from 28.12.2017 to 27.02.2019

on principal amount of Rs.1,50,000/- @ 6% per annum

apart from costs of Rs.18,066/-. Thus, the total execution

petition amount claimed is Rs.2,67,661/-. Even before this

Court, the decree holder has filed a fresh calculation memo

to the effect that till 27.06.2023, the total amount payable

by the judgment debtors comes to Rs.3,06,151/-. When

the decree holder filed a specific calculation memo, the

revision petitioners have not come up with any specific

case except baldly stating that the calculation memo is

wrong. In these circumstances, this Court is not inclined

to interfere with the well reasoned order passed by the

learned Executing Court.

C.R.P. No. 2852 of 2019

4. In the result, the Civil Revision Petition lacks merit

and the same is accordingly dismissed. No costs.

Pending Miscellaneous Petitions, if any, shall stand

closed.

______________________________ JUSTICE M.G. PRIYADARSINI 15th September, 2023 Tsr

C.R.P. No. 2852 of 2019

HONOURABLE JUSTICE M.G. PRIYADARSINI

CIVIL REVISION PETTION No. 2852 of 2019

DATE: 15-09-2023