Judgment debtor sought summoning of a statistical officer to prove drought conditions as reason for non-payment of a money decree; the Executing Court dismissed the application. The High Court found no ground to interfere and dismissed the Civil Revision Petition without costs.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY ,THE TWELFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO
CIVIL REVISION PETITION NO: 2587 OF 2023
Petition under Section 115 of C.P.C, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to against the Order and Decree dated 23-03-2023 passed EA No. 50 of 2023 in EP No. 6 of 2020 in OS No. 85 of 2018, on the court of the court of the Principal Senior Civil Judge, Madanapalle, Chittoor District.
Between:
Konapalle Venkatramana Reddy, S/o. K. Subbanna, Aged about 60 years, Occ: Cultivation, R/o. Pothupeta, H/o. Boorlapalle Village and post Peddathippasamudram Mandal, Annamayya District.
...Petitioner/Petitioner/Defendant
AND
D.Chandrappa, S/o. Gangi Reddy, Aged about 51 years,R/o. Kondaiahgaripalle, H/o. Ankireddipalle Village and Post, Peddathippasamudram Mandal, Annamayya District.
...Respondent/Respondent/Plaintiff
lA NO: 2 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in EP No. 6 of 2020 in OS No. 85 of 2018 on the file of the court of the learned Principal Senior Civil Judge, Madanapalle, Chittoor District pending disposal of the main CRP.
Counsel for the Petitioner: Sri. MD Saleem
Counsel for the Respondents: Sri. M Venkata Ramana Reddy
The Court made the following:
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
CIVIL REVISION PETITION No.2587 of 2023
ORDER:
The petitioner herein suffered a decree of the recovery of money in O.S.No.85 of 2018 on the file of the Learned Principal Senior Civil Judge, Madanapalle. Subsequently, O.E.P.No.6 of 2020 was filed for execution of the said decree.
- The petitioner, who is the judgment debtor, had contended that he was unable to pay the decretal amountas there was drought in the area during the said periodand sought summoning of the Assistant Statistical Officer,P.T.M. Mandal for producing documents to show that there was drought in the area. This application moved by the petitioner as E.A.No.50 of 2023, was dismissed by the ExecutingCourt on 23.03.2023.
- Aggrieved by the same, the present Civil Revision Petition has been filed before this Court.
2
- Heard Sri Md. Saleem, learned counsel for the petitioner and Sri M.V. Ramana Reddy, learned counsel for the respondent.
- As observed by the Executing Court, the factum of whether there was a drought in the area or not couldhave been easily demonstrated by the petitioner by producing necessary documents, including the material from theofficial sources. The Trial Court had also taken into account the contention of the respondent/judgment holder that in the absence of any pleading about the successive drought years. the same need not be looked into.
As a sequel, pending miscellaneous petitions, if any.
shall stand closed.
SDI- K SRINIVASA RAJU ASSISTANT flEGISTRAR //TRUE COPY//
S SECTION’OFFICER
To. 1. The Principal Senior Civil Judge: Madanapalle, ChittoorDistrict. 2. One CC to Sri. MD Saleem, Advocate [OPUC] 3. One CC to Sri. M Venkata Ramana Reddy, Advocate [OPUC] 4. The Section Officer, V.R Section, High Court ofAndhraPradeshatAmaravati. 5. Three CD Copies, vna
HHGH COURT 6aTED:1 2/01/2024
T
ORDER
CRP.No.2587 of 2023
DISMISSING THE CRP WITHOUT COSTS
1 issue framed by the court
Whether the Executing Court erred in dismissing the judgment debtor's application to summon an Assistant Statistical Officer to prove drought conditions preventing payment of the decretal amount.
2 provisions across 1 enactments
Konapalle Venkatramana Reddy
D.Chandrappa
R. Raghunandan Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
