Allowed

Chalapathi Chit Fund Private Ltd., Guntur v. Mr. Adsumalli Malleswara Rao

Telangana HC15 Jun 2010CRP/2980/2009

Case brief

AI extract

What is this about?

A single judge allowed a civil revision petition assailing an order dismissing an execution application against a specific judgment debtor. The court set aside the order and remanded the matter to the lower executing court, relying on a Division Bench judgment allowing execution proceedings against co-extensive debtors.

What did the court decide?

Revision petition allowed; impugned order of E.P. No.106/2007 set aside; matter remitted to executing court for fresh consideration.

Chalapathi Chit Fund Private Ltd., Guntur Vs Mr… — Execution and Attachment | Telangana HC (2010)

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THE HON'BLE MR JUSTICE V ESWARAIAH

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CIVIL REVISION PETITION No.2980 of 2009

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DT.11.11.2011

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Between: Chalapathi Chit Fund Private Ltd, Guntur

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… Petitioner

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And

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Mr.Adusumalli Malleswara Rao s/o Veeraiah & 3 ors.

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… Respondents

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Counsel for the Petitioner: Sri A.V.Sesha Sai

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Counsel for respondent: Sri The Court made the following ORDER:

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THE HON'BLE MR JUSTICE V ESWARAIAH

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CIVIL REVISION PETITION No.2980 of 2009

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O R D E R:

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This revision is filed by the petitioner herein, who is the decree-holder assailing the order dated 23-01-2009 in E.P.No.106 of 2007 in O.S.No.321 of 2002, on the file of the Principal Senior Civil Judge, Narasaraopet, Guntur District.

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This matter was referred to the Division Bench for authoritative pronouncement on the question whether the decreeholder can proceed against one or few judgment debtors under a decree, wherein the Division Bench while agreeing with the view expressed in M.G.Brothers Finance Limited Yemmiganuru Vs.

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J.Badarinath and Others^[1] held that the decree-holder could proceed against all or any of the judgment debtors under a decree, and directed the matter to be placed before the single Judge for decision on merits.

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Learned counsel for the petitioner fairly submits that the principle relied on by the Executing Court in the case of M.Venkataramaiah Vs. M/s. Margadarsi Chit Fund Ltd and Ors^[2] while dismissing the E.P filed by the petitioner to send the 2^nd Judgment-Debtor to Civil Prison on the ground that the liability of the 2^nd Judgment-debtor is co-extensive with that of the principal judgment-debtor, the first judgment debtor, against whom the Decree-Holder cannot proceed for execution in view of pendency of I.P.7/2008 filed by the judgment-debtors 1 and 3 is over-ruled by the Division Bench of this Court agreeing with the view expressed in M.G.Brothers Finance Limited (supra 1).

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Learned counsel for the Judgment-debtor No.2 submitted

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that he has paid substantial amounts and is not due and payable. If that is so, it is always open for the Judgment-debtor No.2 to place the material before the executing Court.

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Having regard to the aforesaid circumstances, the revision is allowed. The impugned order dated 23-01-2009 in E.P.No.106 of 2007 in O.S.No.321 of 2002, on the file of the Principal Senior Civil Judge, Narasaraopet, Guntur District is set aside and the matter is remitted back to the executing Court to consider afresh keeping in view the authoritative judgment of the Division Bench dated 15-6-2010 in the present revision. No costs.

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_______________ (V.ESWARAIAH,J)

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DATE: 11.11.2011 grk

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THE HON'BLE MR JUSTICE V ESWARAIAH

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CIVIL REVISION PETITION No.2980 of 2009

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DT.11.11.2011

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GRK