Telangana High Court
M/S Madhura Estates, vs P Karunakar on 9 August, 2024
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO
CIVIL REVISION PETITION No.775 of 2019
ORDER:
This revision petition is filed aggrieved by the docket
orders dated 08.02.2019 and 01.03.2019 passed by the
II Additional District Judge, Ranga Reddy District, at
L.B.Nagar, in E.P.No.10 of 2013 in O.S.No.235 of 2005.
2. Heard Sri Mohammed Nawaz Hyder Ali, learned counsel,
representing M/s.Pillix Law Firm, learned counsel for the
petitioners. In spite of service of notice, the respondent has
not chosen to enter appearance.
3. Learned counsel for the petitioners submits that the
respondent filed suit in O.S.No.235 of 2005 for recovery of
amount and the same was decreed on 05.09.2012. Aggrieved
by the same, the revision petitioners have filed A.S.No.201 of
2014, wherein this Court has granted interim stay subject to
deposit of an amount of Rs.6,00,000/- along with suits costs
on or before 15.07.2014 in A.S.M.P.No.882 of 2014, vide its
order dated 28.04.2014. Pursuant to the said order, the
revision petitioners have deposited the said amount.
3.1. He further submits that even prior to filing of A.S.No.201
of 2014, pursuant to the decree, respondent-decree holder filed
E.P.No.10 of 2013 before the II-Additional District Judge,
Ranga Reddy District, for execution of the decree and in the
said E.P., the petitioners have filed copy of the stay order
granted by this Court in A.S.M.P.No.882 of 2014 dated
28.04.2014. In spite of the same, the Execution Court has
passed the impugned docket orders dated 08.02.2019 and
01.03.2019, alleging that the above said interim granted by
this Court in A.S.M.P.No.882 of 2014 is valid only for a period
of six (6) months and it is deemed to be vacated, without giving
any reasons and the same is contrary to law.
4. Having considered the rival submissions made by the
learned counsel for the petitioners and after perusal of the
material available on record, it reveals that the revision
petitioners have filed A.S.No.201 of 2014 before this Court,
aggrieved by the judgment and decree passed in O.S.No.235 of
2005 on the file of the II Additional District Judge, Ranga
Reddy District at L.B.Nagar, wherein this Court has granted
interim stay on 28.04.2014 subject to deposit of Rs.6,00,000/-
along with suit costs. Pursuant to the same, the petitioners
have deposited the said amount and the above said interim
stay granted by this Court is continuing. The Execution Court
without taking into consideration the stay granted by this
Court has passed cryptic order on 08.02.2019, which reads as
follows:
"Memo filed that Stay was granted. Such stay is
granted in 2014. Now, it is deemed to be vacated.
Call on 01.03.2019."
5. It is pertinent to mention here that the Hon'ble Apex
Court in Asian Resurfacing of Road Agency Pvt. Ltd. And
another v. Central Bureau of Investigation 1 held that the
interim stay granted by the High Courts in pending trial
matters in civil and criminal cases is valid for a period of six (6)
months and the said principle is not applicable to the present
case on the ground that this Court granted interim stay in the
appeal i.e., A.S.No.201 of 2014.
6. It is relevant to place on record that during pendency of
the revision petition, the Constitution Bench of the Hon'ble
Apex Court in High Court Bar Association, Allahabad v.
State of Uttar Pradesh and others 2, held that in all pending
matters before the High Court or other Courts relating to the
civil or criminal cases where stay is operating in pending trials,
the said stay orders do not automatically vacated after lapse of
(2018) 16 SCC 299
(2024) 6 SCC 267
six months and the principle laid in Asian Resurfacing supra
is overruled.
7. For the foregoing reasons and in view of the principle laid
down in the above said judgments supra, the impugned docket
orders dated 08.02.2019 and 01.03.2019 is liable to be set
aside.
8. Accordingly, the civil revision petition is allowed. No
costs.
Miscellaneous applications, pending if any, shall stand
closed.
_______________________
J. SREENIVAS RAO, J
Date: 09.08.2024.
mar
