Nalam Ashok Vs M/s. Margadarshi Chit Fund Pvt. Ltd.

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[³³⁰⁴¹

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IN THE HIGH GOURT FOR THE STATE OF^TELANGANA AT HYDERABAD

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MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR^RAO

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CIVIL ON PETITION NO: 2034 OF M'B

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Petition under Article 227 of Constitution of lndia aggrieved by the order^dated 15.04.2025 passed in E.P. No. 32 ot 2024 in Arb. No. 09 of^{2015 on the file of the} Court of the Senior Civil Judge at Adilabad District.

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Behreen

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NalamAshok, S/o. N. Bapu Rao, Age: 46^years, Occ:^{Busniess R/o.H.No.4-} 1-266, Ashok Road, Post and Dist. Adilabad.

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Upalanchiwar Ragini, Wo. U.Krishna, Age: 31^{years, R/o. Occ: Housewife} H.No.34-107, Ashok Road, Post & Dist. Adilabad.

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Shaik Mujeeb, S/o. Shaik Hushmaan,^{Age: 36 years, R/o. Occ:Business} H.No.2-5-472, Khilla Skeet, Post & Dist. Adilabad.

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Papinwar Suryakanth, S/o. P. Vishwanath, Age: 64^{years, Occ: Business,Rl/o.} H.No.4-2-488, Flat No.202,^'A' Block, Sri Balaji Residency,^{Dwarakanagar,} Post & Dist. Adilabad.

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Mohd. Loyak, S/o. Mohd. Shaik Basheer,^{Age: 28 years,Occ: Business,R/o.} H.No.6-7-80/1, Girls High School Road, Bhukthapur,^{Post& Dist. Adilabad.}

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Nalam Sharada, S/o. N. Ashok,^{Age: 44 years, Occ: Business,(Property} Holder), R/o. H.No.4-1-266, Ashok Road, Post and Dist.^Adilabad.

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...Petitioner/judgment debtors

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AND

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M/s. Margadarshi Chit Fund Pvt. Ltd., Represented^{by its Branch Manager, Sri} M. Praveen Kumar, S/o. Suresh chandra, Age: 46^{years,R/o. Adilabad}

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... RespondenUJudgment holder

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l.A. NO:^{2 OF 2025}

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PetitionunderSectionl5lcPCprayingthatinthecircumstancesstatedin the affidavit^{filed in support of the petition, the High court maybe pleased to stay all} further^{proceedilrgs in pursuantto the order dated 15'04'2025 passed in E'P' No' 32} ol2024in^{Arb. Nlo. 09 of 2015, on the file of Senior Civil Judgeat AdilabadDistrict.}

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counsel^{for the Petitioners: Ms Rohitha Priyanka Banala}

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Counsel^{for the Respondent: Sri P Durga Prasad}

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The Court^{made the following:ORDER}

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IN THI HIGH COURT FOR THE STATE OI. TELANGANA AT I{YDERABAD

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THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESITWAR RAO

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16tn Februaryr 2o26

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CIVIL REVISION PETITION No.2O34 OF 2O25

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Between:

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Nalam Ashok and others

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Petitioners

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AND

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M/s. Margadarshi Chit Fund Pvt. Ltd

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..Respondent

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Ok:IIIili{

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This Civil Revision Petition is filed to set-aside all the proceedings in order dated I5.O4.2O25 passed in E.P.No.32 of 2024 in Arb. No.09 of 2015 on the file of Senior Civil Judge at Adilabad District.

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Heard Ms. Rohitha Priyanka Bana1a, learned counsel for the petitioners and Sri P. Durga Prasad, learned counsel for the respondent.

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2

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Learned counsel for the petitioners submits that the respondent obtained an ex-parte order in Arb. No. 09 of 2o15 against the petitioners. After passing the Award, the decree holder filed E.P. No. 32 of 2024 before the senior civil Judge, Adilabacl for issuing warrant of movable properties of the petitione:rs for realization of the awarded amount of Rs.21,9(),043/-. The decree holder failed to follow the procedure prescribt:d under Rule 55 in getting the Award executed. Accordingly, prayed to allow the present civil revision petition.

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Learned counsel for the petitioners further submits that all the petitioners are very poor persons and not in a position to pay the decr':tal amount at a time. As such, the petitioners have approach,ed this court after many years of passing of the decree. However, the petitioners are ready to deposit the entire decretal amount :.n installments basis i.e, 5o%o of the decretal amount within a period of two (o2l months, thereafter 2so/o of the decretal amount within a period of three (03) months and the remainin g 25% of the decretal amount within a period of four (04) months.

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n

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3

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The leamed counsel for the respondent did not object the said submission of the learned counsel for the petitioners.

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In that view of the matter, the petitioners shall commence the pa5rment of installments from the date of receipt of copy of this order. However, it is made clear that if the petitioners fail to deposit any of the installments within the stipulated time, the respondent is at liberty to^proceed with the Execution Petition.

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With the above said direction, this Civil Revision Petition is

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disposed of. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any,

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in this Petition, shall stand closed.

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SD/- MOHD.ISMAIL DEPUTY^REGISTRA

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//TRUE^COPY//

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SECTION OFFICER

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To, 1. The^{Senior CivilJudgeat Adilabad District'} i. il ddio^{rrrr" nonithr-aPrivanka Banala' Advocate} toPUCl ;. il; i;'$^e o,'g"^{Prasad' AdvocatetoPUcI}

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