Venkadavath Jawaharlal vs K. Naga Raju
2025 Latest Caselaw 3548 Tel

Telangana High Court

Venkadavath Jawaharlal vs K. Naga Raju on 28 March, 2025

Author: P.Sam Koshy

Bench: P.Sam Koshy

           THE HONOURABLE SRI JUSTICE P.SAM KOSHY

               CIVIL REVISION PETITION No.771 of 2025

ORDER:

The instant Revision has been filed by the petitioners / judgment debtors

challenging the order dated 07.02.2025, in E.P.No.5 of 2022 (Old EP.No.100 of

2016) in OS.No.1954 of 2013, passed by the Prl. Senior Civil Judge-cum-VI

Addl. Chief Judicial Magistrate, Ibrahimpatnam, Ranga Reddy District.

2. Heard Mr. Jella Srikanth, learned counsel for the petitioners / judgment

debtors, and Mr. B. Vijaya Kumar, learned counsel for the respondent / decree

holder.

3. Vide the impugned order, the Execution Court has ordered the petitioners

/ judgment debtors to undergo civil imprisonment for a period of 45 days for not

paying the balance of decretal amount to the respondent / decree holder.

4. From perusal of the pleadings it reflects that the Suit in O.S.No.1954 of

2013 was decreed in favour of the respondent / decree holder, against which an

appeal preferred by the petitioners / judgment debtors also stood rejected on

12.02.2020. Thereafter, there has been no further appeal filed by the petitioners

/ judgment debtors and by efflux of time the decree passed by the Execution

Court has attained finality. Meanwhile, the execution proceedings were initiated

by the respondent / decree holder and the petitioners / judgment debtors have

been contesting the case. It is in the said execution proceedings that the Trial

Court has directed the petitioners / judgment debtors to undergo civil

imprisonment for a period of 45 days for not paying the balance of decretal

amount to the respondent / decree holder.

5. Learned counsel for the petitioners / judgment debtors prayed for granting

three months time to pay the balance of decretal amount in favour of the

respondent / decree holder and assured that the petitioners / judgment debtors

shall make all efforts in clearing the balance of decretal amount in favour of the

respondent / decree holder within the said period of time.

6. The said prayer was vehemently opposed by the learned counsel for the

respondent / decree holder.

7. Finally, the learned counsel for the petitioners / judgment debtors holder

prays for a shorter period of time for clearing the balance of decretal amount

and for satisfying the respondent / decree holder.

8. Upon due consideration of the entire facts and circumstances of the case,

this Court is of the considered opinion that it is more than 11 years that the

decree was passed against the petitioners / judgment debtors. Further, 11 years

is a pretty long time by which the petitioners / judgment debtors should have

made all efforts in honouring the decree or pursuing their appeal effectively and

getting an order so far as the stay of the effect and operation of the decree is

concerned. In the absence of which the Execution Court has rightly proceeded

further and ordered civil imprisonment of the petitioners / judgment debtors for

a period of 45 days. However, considering the hardship that the petitioners /

judgment debtors are facing and the assurance that in a short period of time, the

petitioners / judgment debtors shall arrange the available balance of the decretal

amount, this Court grants 15 days further time starting from tomorrow i.e.

29.03.2025.

9. Subject to the petitioner honouring the balance of decretal amount, the

effect and operation of the order dated 07.02.2025, in E.P.No.5 of 2022 (Old

EP.No.100 of 2016) in OS.No.1954 of 2013, passed by the Prl. Senior Civil

Judge-cum-VI Addl. Chief Judicial Magistrate, Ibrahimpatnam, Ranga Reddy

District shall lose its efficacy. However in the event if the petitioners / judgment

debtors fail to honour the balance of decretal amount within the extended period

of 15 days starting from tomorrow i.e. 29.03.2025, the impugned order will

automatically come into force.

10. With the aforesaid observation and direction, the present Revision stands

allowed and disposed of.