Allowed

Chereddy Prabhakar v. Chitalapati Amarnadh

Telangana HC7 Nov 2016CRP/4634/2016

Case brief

AI extract

What is this about?

The High Court allowed a civil revision petition against the dismissal of an execution petition. The Court ordered the issue of a cheque by allowing an affidavit from counsel to cure discrepancies regarding the petitioner's father's name in earlier filings.

What did the court decide?

The court directed the issue of a crossed cheque in favour of the petitioner named as Chereddy Prabhakar, S/o. Bali Reddy.

Chereddy Prabhakar Vs Chitalapati Amarnadh — Execution and Attachment | Telangana HC (2016)

¶1

4THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

¶2

CIVIL REVISION PETITON No. 4634 OF 2016

¶3

ORDER:

¶4

This civil revision petition is filed against the order dated 12.08.2016 passed by the Senior Civil Judge, Kavali, in E.A.No.86 of 2016 in E.P.No.23 of 2012 in O.S.No.109 of 2008, dismissing the cheque petition filed by the decree holder.

¶5

Petitioner filed the impugned cheque petition for issuance of a cheque for a sum of Rs.3,46,700/‐, which was deposited by the respondent/defendant. Petitioner/decree holder filed a residence proof certificate obtained from the Tahsildar, wherein the name of the father of the petitioner was shown as Chereddy Balireddy @ Balaiah. In the judgment and decree passed in O.S.No.109 of 2008, the name of the father of the petitioner had been shown as Bal Reddy only and not Balireddy @ Balaiah. Even in the execution petition, the name of the father of the petitioner is shown as Bal Reddy.

¶6

Though both the counsel on record before the court below had reported no objection, by the impugned order the learned Senior Civil Judge dismissed the EA on the ground that the petitioner’s father’s name is not tallying.

¶7

Learned counsel for the petitioner submits that the petitioner’s counsel as well as respondent’s counsel are ready to file

¶8

¶9

affidavit before the court below speaking about the genuineness of the petitioner. The counsel appearing for the respondent before the court below is also a senior counsel of repute of Kavali Town and is the counsel, who appeared for the defendants in the suit as well as in the Execution Petition.

¶10

In the factum of the present case, there being no dispute with respect to the judgment and decree passed in favour of the petitioner, S/o.Bal Reddy, R/o. Kaligiri Village and Mandal, subject to the condition of both petitioner’s counsel as well as respondent’s counsel filing an affidavit before the court identifying the petitioner and thereby vouch‐ safing the genuineness of the petitioner for issuance of the cheque in favour of the petitioner, the court below shall issue a crossed cheque in favour of the petitioner with the name Chereddy Prabhakar, S/o.Bali Reddy.

¶11

With the above observation, the Civil Revision Petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

¶12

_________________________________________ JUSTICE CHALLA KODANDA RAM

¶13

November 7, 2016 LMV

Chereddy Prabhakar v. Chitalapati Amarnadh

Case brief

What is this about?

What did the court decide?

Chereddy Prabhakar v. Chitalapati Amarnadh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Vani Sailaja, Vs Sri K.Praveen Kumar

A.Mohan Krishna, Vs Sri Hussain Saheb

B. Narasimhulu Vs T. Venkateswarlu

K.Krishna Murty, Vs Sri v. Sundar, Its

Chunduru Ravindra, Vs Pamula Venkata Sreenivasulu

M. Murugesan Vs M/s. Sri Balaji Industries