The High Court held a civil revision petition challenging a docket order issued due to default in depositing a decretal amount as not maintainable, as the bar of preventable conditions imposed in earlier C.R.Ps applied.
Civil revision petition dismissed; petitioner directed to file extension petition if any.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
CIVIL REVISION PETITION No.2751 of 2015
ORDER:
The present Civil Revision Petition is filed by the 4th Judgment Debtor, challenging the docket order dated 15.04.2015 in E.P.No.112 of 2011 in O.S.No.347 of 2009, passed by the learned Additional Senior Civil Judge, Kurnool.
The facts in issue are as under:
When the order of arrest was issued against the petitioner, he along with other judgment debtors filed C.R.P.Nos.3420 of 2012 and C.R.P.No.3351 of 2013 before this Court. This Court, by its order dated 28.11.2013 disposed of the same by imposing certain conditions. One of such conditions are the petitioners therein i.e., judgment debtors 2, 3, 4 and 6 should deposit the decretal amount along with interest equally within two months from that day in default the decree holder was given liberty to execute the decree. Accordingly, the liability of the petitioner comes to Rs.88,158/- and he deposited Rs.50,000/- at the time of passing of interim order in C.R.P.No.3420 of 2012 and the balance amount has not been deposited till date, as such the Court below was issued fresh warrant, which is challenged in the present civil revision petition.
Since, the default condition is imposed in C.R.P.Nos.3420 of 2012 and 3351 of 2013, this civil revision petition is not
maintainable.
Accordingly, this Civil Revision Petition is dismissed. It is open for the petitioner to file extension petition in the above said civil revision petition. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending if any in this Civil Revision Petition, shall stand closed.
____________________ A.RAJASHEKER REDDY, J
Date: 10-08-2015
pab
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
CIVIL REVISION PETITION No.2751 of 2015
Between:
Vemuri Venkata Subramanya Kumar
… Petitioner
and
M/s.Margadarsi Chit Fund Private Limited and five others
… Respondents
DATE OF JUDGEMENT PRONOUNCED: 10-08-2015
SUBMITTED FOR APPROVAL:
HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
1. Whether Reporters of Local newspapers may be allowed to see the Judgment?
Yes/No
2. Whether the copies of judgment may be marked to Law Reporters/Journals? Yes/No
3. Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment? Yes/No
1 issue framed by the court
Whether a civil revision petition is maintainable against a docket order passed under a condition imposed in a previous contempt/civil revision order [C.R.P.No.] whenever the default condition is impo
Vemuri Venkata Subramanya Kumar
M/s. Margadarsi Chit Fund Private Limited
AJASHEKER REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
