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Yedlapalli Durga Prasad v. Guntaka Siva Reddy

Telangana HC26 Apr 2017CRP/2495/2013

Case brief

AI extract

What is this about?

In a civil revision under Article 227, the High Court directed the Senior Civil Judge to dispose of an application setting aside an ex-parte decree by a specified date and stayed execution proceedings pending the decision, without delving into the merits.

What did the court decide?

Directed the Senior Civil Judge to dispose of G.L.No.2667 of 2012 by 31.08.2017 and stay E.P.No.9 of 2012.

Yedlapalli Durga Prasad Vs Guntaka Siva Reddy — Civil Procedure and Limitation | Telangana HC (2017)

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THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY

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CIVIL REVISION PETITION No.2495 OF 2013

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ORDER:

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1 This Civil Revision Petition, under Article 227 of the Constitution of India, is filed challenging the action of the Senior Civil Judge, Avanigadda in proceeding with E.P.No.9 of 2012 in O.S.No.59 of 2011 filed by the respondent pending consideration of the application filed by the petitioner for setting aside the ex -parte decree passed in the suit.

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2 Heard both sides.

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3 A perusal of the record reveals that the respondent filed O.S.No.59 of 2011 on the file of the Senior Civil Judge, Avanigadda against the petitioner for recovery of Rs.7,80,000/- basing on a promissory note dated 01.08.2010. The trial Court passed an ex- parte decree on 30.09.2011. The respondent filed E.P.No.9 of 2012 in O.S.No.59 of 2011. On coming to know about the filing of the E.P. by the respondent, the petitioner filed G.L.No.2667 of 2012 on 29.07.2012 seeking to set aside the ex- parte decree dated 30.09.2011. The trial Court, instead of deciding the G.L.No.2667 of 2012, is proceeding with E.P.No.9 of 2012. Hence the present revision.

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4 Both counsel in one voice submitted that the trial Court may be directed to dispose of the interlocutory applications, if any, filed by the petitioner and till such time all further proceedings in the E.P. may be stayed.

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5 In view of the submissions made by both the counsel, I am not inclined to go into the merits of the main case.

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6 Having regard to the submissions made by both the counsel, the learned Senior Civil Judge, Avanigadda is hereby directed to dispose of G.L.No.2667 of 2012 in O.S.No.59 of 2011 as expeditiously as possible, at any rate, on or before 31.08.2017. The trial Court is further directed not to proceed with E.P.No.9 of 2012 till 31.08.2017.

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7 This Civil Revision Petition is accordingly disposed of. No order as to costs. As a sequel, miscellaneous petitions pending in this Civil Revision Petition, if any, shall stand closed.

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_____________________
T. SUNIL CHOWDARY, J
Date: 26.04.2017
Kvsn

Yedlapalli Durga Prasad v. Guntaka Siva Reddy

Case brief

What is this about?

What did the court decide?

Yedlapalli Durga Prasad v. Guntaka Siva Reddy

Case brief

What is this about?

What did the court decide?

What the court decided

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