The High Court of Andhra Pradesh dismissed a civil revision petition filed by a jury debtor challenging an execution order directing salary deductions. The court held proceedings become void when the underlying suit was restored due to an application setting aside an ex parte decree.
Civil revision petition and CRP.MP.No.611 of 2011 dismissed with no costs.
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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: AT HYDERABAD
WEDNESDAY, THE TWENTY SEVENTH DAY OF FEBRUARY, TWO THOUSAND AND THIRTEEN
HON’BLE SRI JUSTICE SANJAY KUMAR
C.R.P.No.426 OF 2011
Between:
Bandaru Ramanadham
.. Petitioner
And
Md.Mouliali
.. Respondent
HON’BLE SRI JUSTICE SANJAY KUMAR
C.R.P.No.426 OF 2011
ORDER:
This civil revision petition is filed by the judgment debtor in E.P.No.506 of 2010 in O.S.No.582 of 2009 on the file of the Principal Senior Civil Judge, Kothagudem, aggrieved by the order dated 30.12.2010 passed therein directing deduction of installments from his salary.
2. It is now stated by Ms.G.Padmavathi, learned counsel representing Ms.T.V.Sridevi, learned counsel for the petitioner, that the judgment debtor in the suit filed an application to set aside the
ex parte decree passed in the suit and thereupon, the suit has been restored to the file.
3. In the light of this development, the proceedings initiated for execution of the decree would not survive and in consequence, this civil revision petition arising out of an order passed in the execution proceedings would also not survive and is accordingly dismissed. CRP.MP.No.611 of 2011 shall stand dismissed in consequence. No costs.
_________________ SANJAY KUMAR, J
27th February, 2013 Lrkm
Bandaru Ramanadham
Md.Mouliali
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
