Dutta Venkateswara Rao v. Akula Edukondala Venkateswara Rao

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION No.4133 OF 2014

ORDER :

This petition is filed under Article 227 of the Constitution of India against the Order in E.P.No.12 of 2014 O.S.No.116 of 2011 passed by the Senior Civil Judge, Nuzvid, Krishna District.

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1. The petitioner is J.Dr and the respondent in the execution petition, who suffered decree for Rs.1,43,554/- together with interest and costs, and the decree was passed due to settlement before Lok Adalat and to realise the decree debt, execution petition was filed under Order 21 Rule 54 CPC i.e., for attachment of the property and for sale of the same to realise the decree debt. In the process of execution, a notice under Order 21 Rule 54 CPC was issued. Aggrieved by the same, the petitioner approached this Court under Article 227 of the Constitution of India questioning the same.

1. Though the petitioner raised several contentions in the petition, learned counsel for the petitioner Sri Ravi Kondaveeti submitted that this Court has already passed an interim order directing the petitioner/J.Dr to pay 50% of the decreetal amount. Accordingly, the petitioner deposited the said amount and agreed to pay the balance of the decree amount within two (02) months.

1. Hence, it is suffice to issue fresh direction instead of keeping the Civil Revision Petition pending as requested by the counsel for petitioner.

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