Civil revision petition assailing execution orders. Court dismissed the main appeal as petitioners had sufficient means and the debt was meager. However, granted six months for payment.
Dismissal of main petition; grant of six months to pay balance and withdraw execution sale without security.
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HON’BLE SRI JUSTICE B. PRAKASH RAO
Dated 27-4-2010.
CIVIL REVISION PETITION No.4482 OF 2009
Between:
Gudipudi Chinna and others.
…Petitioners.
And:
Mohammad Khaleel.
...Respondent.
HON’BLE SRI JUSTICE B. PRAKASH RAO
CIVIL REVISION PETITION No.4482 OF 2009
ORDER:
Heard both sides.
With the consent of both the learned counsel, the main Revision itself is disposed of.
Petitioners who are Judgment Debtors assailed the orders of execution where sale is ordered in execution of a decree obtained by the Respondent-Decree Holder.
Though several contentions are raised on behalf of both the parties, it is borne on record that the petitioners who are judgmentdebtors are having sufficient means and apart from that, the amount that is due from them is a very meager one. In this view of the matter, I feel that it is not a fit case to interfere with the order of the Court below and therefore, this revision petition is liable to be dismissed.
Accordingly, this C.R.P. is dismissed. No costs.
However, the petitioners are granted six months time from today to pay the balance E.P. amount and on such deposit, the respondent-Decree Holder is at liberty to withdrawn the same
without furnishing any security.
___________________________ JUSTICE B. PRAKASH RAO
Dated 27-4-2010.
Dvs
HON’BLE SRI JUSTICE B. PRAKASH RAO
CIVIL REVISION PETITION No.4482 OF 2009
Dated 27-4-2010.
2 issues framed by the court
Whether the revision petition should be dismissed in light of petitioners' sufficient means and meager debt amount.
Whether the respondents are granted time to pay the balance amount before withdrawing the execution sale.
Gudipudi Chinna and others
Mohammad Khaleel
B. PRAKASH RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
