Allowed

T Venkateswara Rao v. Chulukoti Vijayalakshmi

Andhra Pradesh HC15 Dec 2021CRP/135/2020

Case brief

AI extract

What is this about?

The High Court allowed a civil revision petition setting aside the trial court's order dismissing an application to summon a Tahsildar regarding title records of mortgaged property. The court directed the trial court to examine the Tahsildar and mark documents to clarify if the land was assigned, fearing lower sale prices otherwise.

What did the court decide?

Petitioner's application allowed; order dated 20.11.2019 set aside; trial court directed to summon Tahsildar, Machilipatnam, examine and mark documents within two weeks.

T Venkateswara Rao Vs Chulukoti Vijayalakshmi — Execution and Attachment | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO CIVIL REVISION PETITION No.135 of 2020

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ORDER:-

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The respondent herein had filed O.S.No.225 of 2013 in the Court of the Principal Senior Civil Judge, Machilipatnam, for recovery of money, against which security had been given by way of mortgage of the suit schedule property. This suit was preliminarily decreed on 10.08.2017 and final decree was passed on 06.03.2019. Thereafter, the 1^st respondent had filed E.P.No.30 of 2019, for execution of the said decree. While the said E.P. was pending, the petitioner herein along with other Judgment Debtors had filed E.A.No.155 of 2019, seeking summons to be issued to the Tahsildar, Machilipatnam, to produce the records pertaining to Assignment Register B34389/81 and title of 9^th ward RS.No.377 of Balaramunipet, Machilipatnam on the ground that the suit schedule property is assigned land and cannot be sold. This application was contested by the 1^st respondent. The said application was dismissed, by way of an order dated 20.11.2019. Aggrieved by the same, the petitioner who is the 1^st Judgment Debtor in the Execution Petition has filed the present Civil Revision Petition.

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Heard Sri Sai Gangadhar Chamarthy, learned counsel for the petitioner/1^st Judgment Debtor and Sri Narasimha Rao Gudiseva, learned counsel for the 1^st respondent/Decree Holder.

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The contention of the petitioner is that the suit schedule property is an assigned land and the same can be demonstrated by production of records available with the Tahsildar. After considering the contention of both sides, the trial Court had dismissed the application on the ground that the said application was an attempt to prolong the execution petition.

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However, any cloud cast over the title to the suit schedule property will result in the property being sold at a much lower price and the question of whether the said property is assigned land or not will remain.

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In the circumstances, to obviate any further dispute or doubt over the title to the land and the question whether the said land was assigned land or not, it would be appropriate to allow this Civil Revision Petition, by setting aside the order dated 20.11.2019, with a direction to the trial Court to issue summons to the Tahsildar, Machilipatnam and complete examination of the said person and marking of the documents produced by the said person, within a period of two weeks from the date of receipt of this order.

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Needless to say, the petitioner shall cooperate and in the event of any non cooperation of the petitioner, it would be open to the trial Court to dismiss the application again. The trial Court is further directed to dispose of the Execution Petition as expeditiously as possible.

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Accordingly, the Civil Revision Petition is allowed.

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There shall be no order as to costs.

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[[Miscellaneous Petitions, if any pending, in this Civil

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Revision Petition, shall stand closed.

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________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 15-12-2021 RJS

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THE HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO

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CIVIL REVISION PETITION No.135 of 2020

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15-12-2021

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RJS

T Venkateswara Rao v. Chulukoti Vijayalakshmi

Case brief

What is this about?

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T Venkateswara Rao v. Chulukoti Vijayalakshmi

Case brief

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