Disposed

Palagiri Ramudu, v. Megada Krishna Reddy

Telangana HC23 Aug 2013CRP/316/2013

Case brief

AI extract

What is this about?

Court disposed of two civil revision petitions by allowing petitioner to pay remaining execution amount via monthly instalments for six months, subject to respondent consent, and stayed the order directing arrest for the same period.

What did the court decide?

Petitioner granted six months to pay balance execution amount via monthly instalments of Rs.10,000; arrest order stayed during this period.

Palagiri Ramudu, Vs Megada Krishna Reddy — Execution and Attachment | Telangana HC (2013)

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HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR

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CIVIL REVISION PETITION Nos.316 of 2013 and 6216 of 2012

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Dt: 23.08.2013

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Between:-

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Palagiri Ramudu Megada Krishna Reddy

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… Petitioner and … Respondent

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This Court made the following:-

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HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR

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CIVIL REVISION PETITION Nos.316 of 2013 and 6216 of 2012

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COMMON ORDER:

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Heard learned counsel for both the parties.

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2. C.R.P.No.316 of 2013 is directed against the order passed by the Court below in E.P.No.264 of 2011 filed by the respondent/decree holder. Later, at the instance of the respondent, court below also passed further orders on 04.10.2012 in E.A.No.185 of 2012 in E.P.No.264 of 2011 granting police aid to the decree holder for the purpose of effecting arrest of the petitioner/judgment debtor. That order is subject matter of C.R.P.No.6216 of 2012.

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3. While issuing notice before admission in C.R.P.No.6216 of 2012, by order, dated 11.12.2012, this court granted interim stay subject to petitioner depositing 1/3^rd of the E.P. amount including interest and costs within six weeks. That order is complied with by the petitioner, as is recorded in the order, dated 13.08.2013.

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4. The total amount under execution is about Rs.one lakh and out of that about Rs.30,000/- was paid by the petitioner and withdrawn by the respondent/decree holder. Learned counsel for the petitioner, therefore,

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makes a primary submission that he may be granted six months time to pay the balance amount of about Rs.60.000/-. Learned counsel for the respondent/decree holder is also agreeable to the said course provided petitioner pays at the rate of Rs.10,000/- per month for five months and the balance amount together with interest accrued during the period after the filing of E.P., to be paid in the sixth month. Both the learned counsel agree to the said course, whereby petitioner would get about six months time to pay the balance amount and the decree holder would also be entitled to recover the E.P. amount in full.

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5. Hence, with the consent of both the parties, both the civil revision petitions are disposed of permitting the petitioner to pay the balance E.P. amount to the credit of E.P.No.264 of 2011 pending before the Principal Junior Civil Judge, Kadapa by instalments at Rs.10,000/- (Rupees Ten thousand only) per month on or before 10^th of each month. The first instalment would be payable on or before September, 2013 and successively thereafter for five months. The balance E.P. amount together with interest accrued after the filing of the E.P. shall be paid by the petitioner in the sixth month in the same manner as above. The payments so made by the petitioner/decree holder shall be permitted to be withdrawn by the respondent/decree holder without furnishing any security. In default of the condition of compliance as above, the executing court shall be free to proceed with the execution in E.P.No.264 of 2011 in accordance with law.

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6. Subject to the petitioner complying with the conditions aforesaid, the order of the Court below directing arrest of the petitioner and consequent direction regarding police aid shall also remain in abeyance for a period of six months.

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With the above directions, both the Civil Revision Petitions are disposed of. Miscellaneous petitions pending, if any, shall stand dismissed. There shall be no order as to costs.

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VILAS V. AFZULPURKAR, J

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23.08.2013 lmv

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HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR

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CIVIL REVISION PETITION Nos.316 of 2013 and 6216 of 2012

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23.08.2013

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lmv

Palagiri Ramudu, v. Megada Krishna Reddy

Case brief

What is this about?

What did the court decide?

Palagiri Ramudu, v. Megada Krishna Reddy

Case brief

What is this about?

What did the court decide?

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