Loya Mastan Rao vs Smt. Loya Venkata Vijaya Lakshmi
2024 Latest Caselaw 4366 Tel

Telangana High Court

Loya Mastan Rao vs Smt. Loya Venkata Vijaya Lakshmi on 8 November, 2024

          THE HON'BLE SMT. JUSTICE K.SUJANA

      CIVIL REVISION PETITION NO.3104 OF 2019


ORDER:

Challenging the order dated 23.08.2019 passed in

E.P.No.45 of 2018 in O.S.No.218 of 2008 by the learned

Senior Civil Judge, Ranga Reddy District, L.B. Nagar, the

present Civil Revision Petition is filed under Section 115 of

Civil Procedure Code (for short C.P.C.).

2. The facts of the case are that O.S.No.218 of 2008 is

filed by the respondent-plaintiff for recovery of an amount of

Rs.3,35,000/- and the suit is decreed on 29-11-2012 for an

amount of Rs.5,27,060/-. Thereafter, the respondent/plaintiff

filed EP.No.45 of 2018 for an amount of Rs.8,21,931/- to be

realized by issuing warrant of attachment of immovable

property of Judgment debtor along with future interest. The

trial Court vide order dated 23-08-2019 issued warrants

against the Judgment debtor. Aggrieved by the said order,

the petitioner/defendant filed this Civil Revision Petition to set

aside the Docket order dated 23-08-2019 in E.P.No.45 of

2018 in OS.No.218 of 2008 on the file of the learned Senior

Civil Judge, Ranga Reddy District at L.B.Nagar.

2 SKS,J

3. None appeared on behalf of the petitioner/defendant.

Heard Sri B.N.Swamiji, learned counsel for the

respondent/plaintiff.

4. This petition is filed by the petitioner/defendant stating

that the order passed by the trial Court in I.A.Sr.No.35089 of

2019 in A.S.No.342 of 2013 before the High Court of Andhra

Pradesh to set aside the orders passed on 27-02-2017 in

A.S.M.P.No.2733 of 2016 and the same is pending. During

the pendency of the said I.A., the respondent/defendant

filed E.P. and the trial Court failed to see that the petitioner

challenged the decree and judgment dated 29-11-2012 in

OS.No.218 of 2008 and the same is pending as on date. It is

further stated that during the pendency of the suit, the

petition is not maintainable and the trial Court erred in

passing order dated 23-08-2019 in EP.No.45 of 2018 in

OS.No.218 of 2008 without giving proper opportunity to the

petitioner/defendant. It is further stated that in

ASMP.No.1097 of 2013, the High Court of Andhra Pradesh

vide order dated 25-04-2013 granted interim stay. Hence,

prayed to set aside the order dated 23-08-2019 in EP.No.45

of 2018 in OS.No.218 of 2008.

3 SKS,J

5. In view of the facts and circumstances of the case and a

perusal of the material available on record, it appears that in

the appeal filed by the petitioner, the interim stay granted by

the Court is already vacated and no interim stay is subsisting

till date, and since there is no representation on behalf of the

petitioner, even after giving opportunity for hearing his

arguments finally, this Court does not find any merits to allow

the petition.

6. In view thereof, this Civil Revision Petition is dismissed.

Consequently, Miscellaneous applications if any, are

closed. No costs.

___________ K. SUJANA, J

Date: 08.11.2024 PLV