Disposed

Orchu Srinivasarao v. Devireddy Srinivasa Reddy

Telangana HC3 Jun 2016CRP/827/2016

Case brief

AI extract

What is this about?

The court granted the petitioner six months to deposit the balance decretal amount. The revision petitions were disposed of and one stood withdrawn. The trial court is directed to release already deposited money to the decree holder. Costs: no order.

What did the court decide?

Six months time to deposit balance decretal amount. Release previously deposited amount to decree holder. Imperative order to trial court.

Orchu Srinivasarao Vs Devireddy Srinivasa Reddy — Execution and Attachment | Telangana HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

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FRIDAY THE THIRD DAY OF JUNE TWO THOUSAND AND SIXTEEN

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PRESENT

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HONOURABLE SRI JUSTICE SURESH KUMAR KAIT

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CRPMP.NO. 1053 OF 2016 AND CIVIL REVISION PETITION NO. 827 of 2016

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Between:

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Orchu Srinivasa Rao … Petitioner Vs. Devireddy Srinivasa Reddy … Respondent

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Counsel for the Petitioner: Sri T.Ramakoteswara Rao Counsel for the Respondent: Sri G.V.S. Mehar Kumar

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The Court made the following: [order follows]

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HONOURABLE SRI JUSTICE S.V. BHATT

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CRPMP.NO. 1053 OF 2016 AND CIVIL REVISION PETITION NO. 827 OF 2016

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COMMON ORDER :

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Vide the present petition, petitioner seeks direction to stay all further proceedings in EP.No. 110 of 2013 in OS.No. 327 of 2006 pending before the Principal Senior Civil Judge’s Court, Guntur, pending disposal of Civil Revision Petition.

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2. However, learned counsel appearing on behalf of petitioner submits that pursuant to order dated 19/2/2016 the petitioner has already deposited 50% of the E.P. amount i.e., decretal amount to the credit of the suit in the lower court. He further submits that since the order of decree dated 04/12/2015 has not been challenged by the petitioner, therefore, the decree has attained finality. It is made clear that CRP.No.827 of 2016 which is pending before this Court is against the arrest of the petitioner in EP.No. 110 of 2013.

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3. Now the petitioner seeks extension of time for a period

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of six months to deposit balance amount as per decree.

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4. Learned counsel appearing on behalf of the

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respondent/decree holder opposed the petition and contends that extension of time may be granted only for two months.

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5. Keeping in view the submissions made by counsel for

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the petitioner, I am of the view that justice would be met if the petitioner is granted six months time from today. Accordingly, the petition is disposed of. Consequently CRP.No. 827 of 2016 stands withdrawn. It is made clear that if the petitioner fails to deposit the balance decretal amount then the trial court is at liberty to proceed against the petitioner in EP.No.110 of 2013 in accordance with law. The trial court is further directed to release the amount deposited by the petitioner in favour of the respondent/decree holder without furnishing any security on taking steps by him.

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6. As a sequel, miscellaneous petitions if any, pending in the

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Civil Revision Petition shall stand closed. There shall be no order as

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to costs.

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JUSTICE SURESH KUMAR KAIT.

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03/06/2016

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I s L

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HONOURABLE SRI JUSTICE SURESH KUMAR KAIT

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CRPMP.NO. 1053 OF 2016 AND

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CIVIL REVISION PETITION NO. 827 OF 2016

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Date: 03/06/2016 Circulation No. Court Master: I s L

Orchu Srinivasarao v. Devireddy Srinivasa Reddy

Case brief

What is this about?

What did the court decide?

Orchu Srinivasarao v. Devireddy Srinivasa Reddy

Case brief

What is this about?

What did the court decide?

What the court decided

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