Dismissed

Vanka Satyanarayana v. Kakarla Venkateswara Rao

Andhra Pradesh HC6 May 2024CRP/5107/2018

Case brief

AI extract

What is this about?

Decree holder challenged dismissal of his execution petition seeking auction of the judgment debtor's house and land. The trial court, relying on the decree holder's own admission that the judgment debtor was an agriculturist keeping agricultural property there, held the property exempt under Section 60 CPC. The High Court found no perversity and dismissed the revision.

What the court decided

AI extract

Vanka Satyanarayana Vs Kakarla Venkateswara… — Execution and Attachment | Andhra Pradesh HC (2024)

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^3^

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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TUESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRP NO: 5107 OF 2018

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Petition Under Section 115 of the CPC of India against the order passed in E,P.No.90 of 2017 in O.S.No.77 of 2017, dated 26.06.2018 on the file of the court of the Principal Civil Judge (Senior Division) Kovvur, West Godavari District

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Between:

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Vanka Satyanarayana, S/o. Atchutha Ramayya, Aged 57 years, R/o. D.No.331, Vadapalli, Kovvur Mandal, West Godavari District

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...PETITIONER

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AND

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Kakarla Venkateswara Rao, S/o. Venkata Rao, Aged 59 years, R/o. D.No.323, Vadapalli, Kovvur Mandal, West Godavari District

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...RESPONDENTS

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Counsel for the Petitioners : SRI. N SUBBA RAO

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Counsel for the Respondents :

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The Court made the following ORDER :

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HON’BLE SRI JUSTICE NYAPATHY VIJAY

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C.R.P.No.5107 of 2018

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ORDER;

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The present Civil Revision Petition is filed questioning^the order dated 26.06.2018 in E.P.No.90 of 2017 in O.S.No.77^of 2017 passed by the [Principal Junior Civil Judge, Kowur,^West Godavari District.

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Petitioner is the decree holder and a suit O.S.No.77^of 2017 was filed for recovery of money. The said suit^was decreed ex parte on 31.08.2017 for Rs.2,56,850/with subsequent interest. As the defendant was not paying the amounts due' under the decree, petitioner filed E.P.No.90^of 2017 seeking to auction the suit schedule property i.e. an extent of Ac.0.05 cents together with RCC building. The judgment debtor filed counter opposing the execution^petition and contending that the judgment debtor is an agricultural coolie eking his livelihood by doing agricultural work and therefore, schedule property is exempted from judgment^and sale under section 60 C.P.C.

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In view of the opposition for sale, the trial Court conducted enquiry and examined the plaintiff as P.W.1 and judgment debtor was examined as R.W.1 and Ex.R.1 was marked, The trial Court after examining the oral evidence referred to the admission of the plaintiff himself^asP.W.1that the respondent/judgment debtor is an agriculturist^andkeeping

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his agricultural properties in the scheduled house, In view of the admission of P.W.1 himself, the trial Court dismissed the E.P. Hence, the present revision.'

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\ 4. Heard proxy counsel for Sri N.Subba Rao, learned counsel for the petitioner. 5. Though notice issued to the respondent was delivered, there is no representation for the respondent.

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In view of the admission of P.W.1-, which is the sole basis for the trial Court to dismiss the E.P., this Court does not find any reason to interfere with the finding arrived at by the trial Court. This Court does not find any perversity in the order of the trial Court and the same does not warrant any interference. 7. The Civil Revision Petition is therefore dismissed, No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed.

SD/- M.SRINIVAS

ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1, The Principal Civil Judge (Senior Division), Kovvur, West Godavari District

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One CC to Sri N Subba Rao Advocate [OPUC]

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THREE CD COPIES

TAC

HIGH COURT

DATED:07/05/2024

ORDER

CRP.No.5107 of 2018

DISMISSING THE CRP WITHOUT COST

Vanka Satyanarayana v. Kakarla Venkateswara Rao

Case brief

What is this about?

What the court decided

Vanka Satyanarayana v. Kakarla Venkateswara Rao

Case brief

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What the court decided

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