K.Swamy v. Smt.B. Manjula

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY CRP No.440 of 2018 ORDER:

This Civil Revision Petition is filed under Section 151 CPC assailing the order dated 16.11.2017 passed in E.P.No.4 of 2015 on the file of the Family Court, Ranga Reddy District at L.B.Nagar. Heard the learned counsel for the petitioner. The point that arises for consideration is "whether there is any illegality, irregularity or impropriety in the impugned order?" A perusal of the record reveals that the executing court issued warrant under Order XXI Rule 37 CPC without giving opportunity to the petitioner. If the impugned order is allowed to stand, it will cause untold hardship and prejudice to the petitioner. Taking into consideration the facts and circumstances of the case, this court is of the considered view that this is a fit case to allow the Civil Revision Petition.

In the result, the Civil Revision Petition is allowed, the order dated 16.11.2017 passed in E.P.No.4 of 2015 on the file of the Family Court, Ranga Reddy District at L.B.Nagar is hereby set aside. The matter is remanded to the executing court to dispose of E.P.No.4 of 2015 as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order. If the petitioner-J.Dr fails to cooperate with the executing court, the executing court is at liberty to pass orders in accordance with law. No order as to costs. As a sequel, miscellaneous petitions, if any pending in this Civil Revision Petition shall stand closed.

_________________________ T.SUNIL CHOWDARY, J Date: 20.12.2018 Kvsn