Telangana High Court
Azmeera Babu Naik vs Thatikonda Appa Rao on 19 September, 2025
HON'BLE SRI JUSTICE J. SREENIVAS RAO
CIVIL REVISION PETITION No.2266 OF 2025
ORDER:
This Civil Revision Petition has been filed aggrieved by
the order dated 23.01.2025, passed by the Execution Court in
E.A.No.46 of 2024 in E.P.No.118 of 2022 for default.
2. Heard Sri R.R.Kalyan, learned counsel for the petitioner
and Sri Pulla Rao Yellanki, learned counsel for respondent
No.1 and Sri Gajanand Chakravarthi, learned counsel for
respondent No.2.
3. Learned counsel for the petitioner submits that
petitioner filed claim petition namely E.A.No.46 of 2024
invoking the provisions of Order 21 Rule 58(1) (2) and (3) (A)
read with Section 151 of Code of Civil Procedure Code claiming
rights over the E.P. Schedule property, pursuant to the
registered sale deed vide Document No.3241 of 2011 dated
26.12.2011 which is said to have been executed by the
Judgment Debtor, especially she purchased the property prior
to the attachment order granted in favour of the respondent
No.1 Decree holder. The Execution Court without giving
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opportunity much less reasonable opportunity dismissed the
claim petition on 23.01.2025, on the sole ground of non-
appearance of the petitioner. Unless the Execution Court
decides the claim petition on merits, the petitioner will be put
to great hardship.
4. Learned counsel for respondent No.1-decree holder
vehemently contended that petitioner is having remedy of
filing necessary application before the same Execution Court,
but the petitioner without availing the said remedy, straight
away approached this Court and filed the present Civil
Revision Petition and the same is not maintainable under law.
5. Having considered the rival submissions made by
respective parties and after perusal of the material available
on record, it reveals that petitioner filed claim petition
invoking Order 21 Rule 58 (1) (2) and (3) (A) read with Section
151 of Code of Civil Procedure Code, claiming rights in respect
of E.P. Schedule property in E.P.No.118 of 2022 basing on the
registered sale deed document No.3241 of 2011 dated
26.12.2011 which is said to have been executed by the
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C.R.P.No.2266 OF 2025
respondent No.2-Judgment Debtor. The record further reveals
that execution Court dismissed the claim petition on
23.01.2025 on the sole ground of non-appearance of the
petitioner. This Court is of the considered view that to render
substantial justice to the parties, if one opportunity is given to
the petitioner to put forth his grievance for adjudication of the
claim petition on merits before the Court below, no prejudice
is going to be caused to respondent - decree holder. In so far
as objection raised by learned counsel for respondent No.1 -
Decree holder is concerned, it is straight law to render
substantial justice to the parties, technicalities and procedural
lapses will not come in the way.
6. For the foregoing reasons, the ex-parte impugned order
passed by the learned Principal District Judge, Bhadradri
Kothagudem, in E.A.No.46 of 2024 in E.P.No.118 of 2022 on
23.01.2024 is set aside and the learned Principal District
Judge, Bhadradri Kothagudem is directed to dispose of the
claim petition i.e., E.A.No.46 of 2024 in accordance with law,
as expeditiously as possible preferably within a period of six
(6) months from the date of receipt of a copy of this Order,
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after giving opportunity to both the parties. It is made clear
that both the parties are directed to cooperate with the
Execution Court for disposal of the application without
seeking undue adjournments.
7. Accordingly, the Civil Revision Petition is allowed. No
costs.
Miscellaneous petitions, if any, pending in this Civil
Revision Petition shall stand closed.
______________________
J. SREENIVAS RAO, J
Date: 19.09.2025
Note: Furnish C.C., within ten (10) days.
BO.
PSW
