Gopishetty Anil Kumar vs Pulluri Madhukar
2025 Latest Caselaw 5593 Tel

Telangana High Court

Gopishetty Anil Kumar vs Pulluri Madhukar on 19 September, 2025

      THE HON'BLE SRI JUSTICE E.V.VENUGOPAL

      CIVIL REVISION PETITION No.3398 OF 2025

ORDER :

This Civil Revision Petition is filed seeking to set aside

the order dated 26.08.2025 in E.P.No.2 of 2025 in O.S.No.12

of 2017 on the file of the Principal District Judge at Asifabad,

whereby an arrest warrant was issued against the

petitioner/Judgment Debtor.

2. Heard Sri Papaiah Peddakula, learned counsel for the

petitioner.

3. Learned counsel for the petitioner/Judgment Debtor

submits that no notice was served upon the petitioner.

Accordingly, without issuing any prior notice, the learned

trial Court erred in recording in the docket proceedings

dated 29.07.2025 that the Advocate on record in the

connected E.P.No.26 of 2023 against the same accused

reported no instructions, and the matter was adjourned to

04.08.2025 for filing proof affidavit under Rule 37 CPC.

Learned counsel further submits that the petitioner had no

knowledge of the pendency of the Execution Petition pending

before the Principal District and Sessions Judge, Kumuram

Bheem-Asifabad District. In the absence of any knowledge or

receipt of notice regarding the said proceedings, the learned

trial Court proceeded to issue the impugned order dated

14.08.2025 directing issuance of an arrest warrant against

the petitioner (Judgment Debtor), returnable by 26.08.2025.

The petitioner, apprehensive of execution of the arrest

warrant, has approached this Court, seeking to set aside the

impugned orders passed by the learned trial Court.

4. Having heard learned counsel for the petitioner and

perused the material on record, this Court deems it

appropriate to dispose of this Civil Revision Petition at the

admission stage itself, granting liberty to the petitioner to

appear before the learned trial Court by filing a vakalatnama

through an Advocate in E.P.No.2 of 2025 in O.S.No.12 of

2017 on the file of the Principal District and Sessions Judge,

Kumuram Bheem-Asifabad District, within one week from

the date of receipt of a copy of this order. Considering the

grievance of the petitioner that no prior notice was issued in

E.P.No.2 of 2025, this Court sets aside the order dated

14.08.2025. Thereafter, the learned trial Court is directed to

proceed with the matter expeditiously and pass orders

strictly in accordance with law.

5. Accordingly, this Civil Revision Petition is disposed of.

There shall be no order as to costs. As a sequel,

miscellaneous petitions, if any, pending, shall stand closed.

____________________ E.V.VENUGOPAL, J Dated : 19-09-2025 KVS