Telangana High Court
M.Arvind Reddy vs V.Gokul Rarnana, on 7 February, 2025
Author: P. Sam Koshy
Bench: P. Sam Koshy
THE HONOURABLE SRI JUSTICE P. SAM KOSHY
Civil Revision Petition No.289 of 2025
ORDER :
The present Civil Revision Petition has been filed being
aggrieved by the order dated 18.10.2024 passed by the V Additional
District and Sessions Judge, Ranga Reddy District (for short, 'the
impugned order') returning the E.P. filed by the petitioner to be filed
before the concerned jurisdictional court.
2. Heard Mr.M.Srinivas Reddy, learned counsel for the petitioner.
Perused the material available on record.
3. In the instant case, what is reflected is that there was an award
dated 18.01.2017 that was passed in the course of a settlement arrived
at between the parties before the Lok Adalat. Based upon the said
award, certain amount was payable by the judgment debtor to the
decree holder and upon failure to do so, the E.P. proceedings were
initiated before the court at Ranga Reddy District, which was
registered as E.P.No.608 of 2018 and order dated 01.04.2024 for civil
imprisonment was passed for a period of three months.
4. The said order was subjected to challenge before the High
Court by way of Civil Revision Petition vide C.R.P.No.1512 of 2024.
The High Court affirming the order dated 01.04.2024 passed by the
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Execution Court dismissed the civil revision petition on 21.06.2024.
Subsequently, when the matter was taken up for consideration by the
concerned court at Ranga Reddy District, the order dated 18.10.2024
was passed returning the E.P. proceedings to be filed before the
concerned jurisdictional court.
5. Today, when the matter is taken up for hearing, the request that
the learned counsel for the petitioner made is that let the court at
Hyderabad which has jurisdiction for taking up execution proceedings
be directed to expedite the execution proceedings so that the petitioner
would be able to reap the fruits of a decree that was in his favour
since 2017.
6. Taking into consideration the entire facts and circumstances of
the case, the E.P.No.608 of 2018 has now been ordered to be returned
back to the petitioner to be filed in the concerned jurisdictional court.
This Court finds that there was already an order passed by the
execution court on 01.04.2024 which has already been challenged by
the other side in a civil revision petition. The said civil revision
petition also stands finalised affirming the order dated 01.04.2024.
However, now the same E.P. has been ordered to be filed before the
concerned jurisdictional court. Considering the fact that the E.P. now
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has been returned after some proceedings having been drawn for a
considerable period of time and the jurisdiction part not being an issue
till now, let the E.P. now be transferred to the concerned jurisdictional
court instead of returning of the E.P., and the jurisdictional court may
proceed further with the same E.P. after renumbering the same at the
present court and proceed further from the stage of transfer being
made by the earlier court.
7. The said order and direction is being passed by this Court to
ensure an expeditious conclusion of the execution proceedings and to
avoid further multiplicity of litigation and also ensuring that the
Decree Holder is not made to suffer on technicalities. Further, the
same court is expected to expedite the proceedings and decide the
same as expeditiously as possible.
8. With the aforesaid direction, this Civil Revision Petition stands
disposed of.
As a sequel, miscellaneous applications pending if any, shall stand
closed.
___________________
P. SAM KOSHY, J
Date: 07.02.2025
AQS
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THE HONOURABLE SRI JUSTICE P. SAM KOSHY
Civil Revision Petition No.289 of 2025
07.02.2025
AQS
