Allowed

Sanaka Kiran Kumar, v. Tadikonda Krishna Murthy

Andhra Pradesh HC6 Dec 2021CRP/176/2021

Case brief

AI extract

What is this about?

This Court corrected the erroneous view taken by the Executing Court that Supreme Court circular orders do not apply to Execution Petitions. The Court allowed the Civil Revision Petition to set aside the docket order and permitted rectification of date discrepancies in the petition.

What did the court decide?

Civil Revision Petition allowed; docket order dated 04.03.2020 set aside; petitioner permitted to amend the petition to correct dates.

Sanaka Kiran Kumar, Vs Tadikonda Krishna… — Execution and Attachment | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO CIVIL REVISION PETITION No.176 of 2021

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ORDER:

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The respondents herein filed O.S.No.194 of 2006 before the Additional Senior Civil Judge, Machilipatnam, for recovery of certain amount of money on the basis of mortgage against the defendant therein. This suit was allowed by way of judgment and decree dated 09.11.2015. Thereafter, when the execution of the said judgment and decree was initiated, the petitioner had filed a claim petition, claiming ownership of the property which was sought to be sold under the said execution petition and the said claim made in E.A.No.139 of 2010 in E.P.No.107 of 2008 was rejected on 09.11.2015. Aggrieved by the said order, the petitioner had moved the Principal District Judge, Krishna, Machilipatnam, by way of A.S.No.01 of 2016 which was also dismissed on 08.02.2017. Thereupon, the petitioner had moved this Court by way of S.A.No.146 of 2017. This Court had initially granted stay of proceedings in execution, for a certain time and thereafter, by an order dated 03.03.2017 had directed that the interim order was to continue. The Second Appeal is pending before this Court.

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While the said appeal is pending, the respondents had pressed for execution of E.P.No.107 of 2008. At that stage, the petitioner placed reliance upon the order of this Court dated 03.03.2017 to contend that the execution petition could not be taken up in view of the orders of this Court dated 03.03.2017.

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The trial Court relying upon the circular orders of this Court in ROC.No.2573/OP cell/2018 dated 18.04.2018

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RRR,J. CRP.No.176 of 2021

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which was issued in compliance of the directions of the Hon’ble Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd., Vs. Central Bureau of India.,¹ took the view that unless the order dated 03.03.2017 is extended by way of a fresh speaking order, there would be no bar for prosecuting E.P.No.107 of 2008 and accordingly, passed a docket order dated 04.03.2020.

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The issue of whether the directions of the Hon’ble Supreme Court would be applicable to Execution Petitions also has been considered by a learned Single Judge of this Court in K.Ranga Prasad Varms vs. Kotikalapudi Sitarama Murthy

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and another.² The learned Single Judge after considering the entire issue had held that the Judgment of the Hon’ble Supreme Court would not be applicable to Execution Petitions. In view of the said Judgment, the view taken by the Executing Court is incorrect and requires to be corrected by this Court.

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Sri Parthasaradhy Achuta, learned counsel for the respondents would point out that the docket order is dated 03.03.2020 while the date of the order in the certified copy is shown as 04.03.2020. He would also submit that the prayer in the civil revision petition seeks to set-aside the order dated 29.01.2020 in I.A.No.l42 of 2019 in G.W.O.P.No.48 of 2018 which would not be relevant for the present case. It appears that there is an inadvertent error in recording the details of the order which is sought to be set aside. In view of this inadvertent error, the petitioner is permitted to carry out necessary

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1 ILR 2020 NULL 419= 2020(5)KHC 568

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2 2019 (4) ALT 345 (A.P.)

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RRR,J. CRP.No.176 of 2021

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amendments in the petition to rectify the date and discrepancy of the order which is under reference to be the order dated 04.03.2020 in E.A.No.131 of 2010 in E.P.No.107 of 2008.

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