Kotagiri Viswaprasad Vs G.Kotesh

THE HON’BLE SRI JUSTICE N.V. RAMANA

C.R.P. No. 6047 of 2010

Oral order:

This C.R.P. is directed against the order dated 21.07.209, passed by the I Additional Senior Civil Judge, Ranga Reddy District, allowing the application in E.A. No. 41 of 2008 in E.A. No. 135 of 2005 in E.P. No. 109 of 2003, filed by the petitioner praying to set aside the order of dismissal dated 27.02.2008, subject to deposit of Rs.3,22,133/-.

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Heard the learned counsel for the petitioner and perused the order under revision, and I find no reason whatsoever to interfere therewith.

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The contention of the petitioner that since he is the subsequent purchaser of the suit schedule property, while it was under attachment, the Court below ought to have set aside the order of dismissal without imposing the condition for deposit of the amount, cannot be accepted. The suit is of the year 2002, and even though for execution of the decree, the decree holder filed the E.P. in the year 2003, till date, he could not realize the decretal amount. At any rate, inasmuch as the petitioner claims to be the subsequent purchaser, the Court below while setting aside the dismissal order, directed deposit of the amount mentioned above, without prejudice to his rights, and the Court below having protected his interest, he cannot have any grievance. In that view of the matter, this Court finds no reason whatsoever to interfere with the order under revision in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.

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There is no merit in the C.R.P., and the same is accordingly dismissed. However, the Court below is directed to dispose of the suit expeditiously. No costs.

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__________________ JUSTICE N.V. RAMANA

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Dated: 10^th February, 2011 KSR

Kotagiri Viswaprasad v. G.Kotesh

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Kotagiri Viswaprasad v. G.Kotesh

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