Citation : 2025 Latest Caselaw 6667 Tel
Judgement Date : 21 November, 2025
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO
CIVIL REVISION PETITION No.3688 OF 2025
ORDER:
This civil revision petition has been filed aggrieved by the order
passed by the learned Agent to Government, at Bhadradri
Kothagudem ('trial Court' for brevity) in E.P.No.17 of 2024 in
O.S.No.117 of 2023 dated 05.05.2025 filed by the respondent-Decree
holder including auction notice dated 02.10.2025 issued by the
Advocate Commissioner, Kothagudem District.
2. This Court on 10.10.2025, while ordering notice before
admission suspended the auction notice dated 02.10.2025 issued in
execution petition i.e., E.P.No.17 of 2024 subject to condition that the
petitioner/Judgment Debtor shall pay 50% of the decretal amount in
favour of respondent No.1/decree holder by way of demand draft on
or before 30.10.2025 and in default of complying with the said
direction the suspension order granted by this Court shall stand
vacated.
3. During the course of hearing, Mr. M. Srinivasa Rao, learned
counsel for the petitioner/Judgment Debtor submitted that the 2 JSR, J C.R.P.No.3688 OF 2025
petitioner has paid 50% of the decretal amount to respondent No.1
decree holder by way of demand draft i.e., Rs.2,70,000/- on
30.10.2025.
4. Sri B. Simhachalam, learned counsel, representing Sri Jaya
Prakash Madasu, learned counsel for respondent No.1 fairly submits
that the Judgment Debtor has paid 50% of decretal amount through
Demand Draft.
5. Learned counsel for the petitioner requested this Court that the
petitioner is going to pay remaining 50% of the decretal amount by
way of two installments within a period of one year from today.
However, learned counsel appearing on behalf of decree holder
opposed the said submission on the ground that the decree was passed
by the learned Agent to Government on 05.05.2025 and the suit was
decreed on 05.09.2023 and the decree which was passed by the
learned Agent to the Government has become final and requested this
Court to fix the reasonable time.
6. Taking into consideration the above said submissions, the
petitioner/judgment debtor is directed to pay remaining 50% of the
decretal amount along with accrued interest by way of two 3 JSR, J C.R.P.No.3688 OF 2025
installments. The first installment is directed to be paid on or before
31.03.2026 and remaining 25% of the decretal amount should be paid
on or before 30.06.2026 to respondent No.1 by way of Demand Draft.
In default of payment of any installment the decree holder is entitled
to proceed with the E.P.No.17 of 2024, in accordance with law.
7. With the above directions, the Civil Revision Petition is
disposed of. No costs.
Miscellaneous petitions, if any, pending in this civil revision
petition shall stand closed.
______________________ J. SREENIVAS RAO, J
Date: 21.11.2025 Note: Issue C.C. within one week.
BO.
PSW
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