Telangana High Court
Mohd. Abdul Gafoor vs M/S.Piyush Rajul Construction ... on 22 March, 2024
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
CIVIL REVISION PETITION No.1490 of 2022
ORDER:
This Civil Revision Petition, under Section 115 of C.P.C., is
filed against the order dated 30.06.2022 passed by the Principal
District Judge, Karimnagar, in E.P.No.119 of 2020 in O.S.No.38 of
2017.
2. The petitioner herein is the judgment debtor/defendant and
the respondents are the decree holders/plaintiffs.
3. The brief facts leading to the filing of the present Civil
Revision Petition are that the respondents filed the suit vide
O.S.No.38 of 2017 on the file of the Principal District Judge at
Karimnagar, for recovery of money of Rs.85,84,000/- against the
petitioner. In view of the compromise arrived at between the
parties, the matter was referred to the Lok Adalat Bench at
Karimnagar, which in turn, passed an Award on 23.01.2018. As per
the terms of compromise, the petitioner has to withdraw the cases
filed under Section 138 of the Negotiable Instruments Act, pending
before the file of the Additional Judicial Magistrate of First Class,
Karimnagar, and has to return back four post-dated cheques issued
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to him by the respondents. It was further agreed that the petitioner
shall refund the earnest money of Rs.52,00,000/- , which was given
to him by the respondents under agreement of sale dated 15.09.2016
on condition of completion of sale of quarry land, within one year
from the date of compromise.
4. The respondents filed the E.P. stating that out of
Rs.52,00,000/-, which was directed to be refunded by the petitioner
to the respondents towards earnest amount, only a sum of
Rs.8,00,000/- was paid and the balance amount of Rs.44,00,000/-
was not paid.
5. The petitioner filed counter in the said E.P. denying the claim
of the respondents and stating that he paid Rs.44,00,000/- within
one year from the date of the Award and the balance of
Rs.8,00,000/- was paid by way of RTGS on 21.10.2019. It is stated
that the respondents have returned the post dated cheque bearing
No.616800 on the same day and the said cheque was encashed by
him on 21.02.2020 for a sum of Rs.2,00,000/- for his personal needs.
6. The Executing Court, after hearing both sides vide the
impugned order dated 30.06.2022 ordered for attachment of the E.P.
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Schedule immovable property and adjourned the matter to
28.07.2022. Hence, the present Civil Revision Petition.
7. The learned counsel for the petitioner submits that the Court
below failed to appreciate the fact that the cheque, which was issued
by the petitioner at the time of passing of Award dated 23.01.2018,
was returned back to the respondents. He further contended that
the balance amount was already paid to the respondents.
8. Per contra, the learned counsel for the respondents submits
that the Court below has considered all the aspects and has rightly
passed the impugned order and prayed to dismiss the Civil
Revision Petition.
9. A perusal of the record discloses that except making assertion
that he has paid the entire amount, the petitioner failed to place on
record any material in proof of payment of Rs.52,00,000/-, which
was agreed to be refunded by the petitioner to the respondents
under the Lok Adalat Award dated 23.01.2018. Further, though the
petitioner claimed that he paid Rs.44,00,000/- to the respondents on
various dates within one year from the date of the Award, he failed
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to give the details, dates of payment and also the mode of payment
i.e., whether it was in cash or in any other mode.
10. In the light of the above and the material available on record,
this Court is of the considered opinion that the impugned order is
well reasoned and the petitioner failed to make out any case to
interfere with the same. Therefore, the Civil Revision Petition fails
and liable to be dismissed with costs.
11. Accordingly, the Civil Revision Petition is dismissed. The
petitioner shall pay costs of Rs.5,000/- (Rupees five thousand only)
to the Telangana State Legal Services Authority, High Court
premises, at Hyderabad, within a period of four weeks.
Pending miscellaneous applications, if any, shall stand closed.
_________________________________
LAXMI NARAYANA ALISHETTY, J
Date: 22.03.2024
va
