The High Court disposed of a civil revision petition challenging the attachment of property for execution of a money decree. The court held no error in attaching property without prior valuation.
Revision petition disposed without quashing the attachment order; costs left open.
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.
IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
FRIDAY THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CIVIL REVISION PETITION NO: 1963 OF 2024
Petition under Article 227 of lhe Constitution oflndia, praying that in the circumstances stated in thegrounds filed herein, theHigh Court may be pleased to set aside the order in E.P.No.1112021 in O.S.No.2712015,dated 29.03.2023 on the file of the Principal District Judge, at Jagtial.
Between
Navothu Pundareekam, S/o.Narsingu, Age 61years, OccBusiness, R/o.H.No, 6-34, Mallapurproper and mandal ofKarimnagar district.
... Petitioner/Judgment-Debtor
AND
.. RespondenVDecree-Holders
lA NO: 2 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim stay of all further proceedings in E.P.No. 1112O2'l in O.S.No. 2712015, dated 29.03.2023 on the file of the Principal District Judge, at Jagtial, pending disposal of the present Civil Revision Petition.
Counsel for the Petitioner(s):SRl. Karam Chendu Komireddy
Counsel for the Respondent Nos 2 to 5: Sri G.Nagesh
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CIVIL REVISION PETITION No.'|963 OF 2024
ORDER:
This revision has been filed assailhg the orderdated 29.03.2023 in E.P.No.'l 1 of 2021 in O.S.No.27 of 2015, onthe fileof learned Principal District Judge, Jagtial.
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NTR, J C.RP.No.l963 of 2024
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today, the learned counsel for the revision petitioner asserted that the attempt for settlement is on.
7 . lt is not in dispute that respondent No.1 had filed the suit against the revision petitioner/judgment debtor/defendant vrde O.S.No.27 of 2015 lor recovery of money of an amount of Rs.17,40,000/- and upon due trial, the decree has been passed directing the revision petitioner to pay the suit amount with interest al 12Yo per annum on the principal amount of Rs.15,00,000/-. Even as per the pleadings of the revision petitioner, no appeal has been filed against the decree or any other reasonable impediment in implementation of the decree. ln this factual set up, the execution petition filed by the legal representatives of the respondent No.1 and seeking attachment of the house property of the revision petitioner/judgment debtor for realization of decree is within -the prescription of law.
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NTR. .I C.RP-No.1963 of2024
J
I
property before ordering attachment, though such factor would be relevant for auction proceedings. Therefore, this court finds no nrerit in the objections raised in the revision against the impugned order of attachment. Howsoever, the impugned order will not any way affect the revision petitioner's effort to setfle the decretal liability with the respondents and to place such fact before the executing Court. 9. ln the circurnstances, upon considering the submission of the
revision petitioner, keeping open the option of seftlement of the decretal amount, this revision petition is disposed of. No order as to costs.
sd/- V. KAVITHA ASSISTANT REGISTRAR
/iTRUE COPY//
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SECTION OFFICER
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HIGH COURT DATED:0811112024
ORDER CRP.No.1963 of 2024
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CIVIL REVISION PETITION DISPOSED OF.
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2 issues framed by the court
Whether the High Court should set aside the order of attachment of schedule property without prior valuation
Whether attachment proceedings require pre-auction estimation of property value
Navothu Pundareekam
Amand Bal Raju LRs
Amand Bhagyavathi
Amanda Rajalaxmi
Amanda Prathibha
Amanda Banuchander
N. Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
