Nare Komuraiah v. Bugga Chinnolla Narsaiah

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.1 0 9 OF 2 0 2 0 ORDER:

This revision petition, under Article 227 of the Constitution of India, is filed by the petitioner/ Judgment debtor aggrieved by the docket order dated 30.12.2019 passed in E.P.No.26 of 2017 in O.S.No.172 of 2012 by the Senior Civil Judge, Bhongir. 2.

Heard learned counsel for the revision petitioner/ Judgment debtor and perused the record.

3.

Learned counsel for the revision petitioner/ Judgment debtor would contend that an appeal is preferred against the subject decree and the same is pending for consideration. It is also contended that the lower Appellate Court did not grant stay of the execution of the decree. It is further contended that if the proceedings are allowed in the Execution Petition, the petitioner/ Judgment debtor will be put to irreparable loss and ultimately prayed to set aside the docket proceedings. 4.

A perusal of the material on record would reveal that A.S.No.52 of 2017 is pending on the file of the V Additional District Judge, Bhongir. There is no stay in respect of the subject decree. The Court below while dealing with the execution proceedings, has been taking requisite steps to satisfy the decree. No legal infirmity is found in the impugned proceedings. The civil revision petition is devoid of merit and is liable to be dismissed.

5.

In the result, the Civil Revision Petition is dismissed at the stage of admission.

The Miscellaneous Petitions, if any, pending shall stand closed. No costs.

______________________ Dr . SHAMEEM AKTHER, J Date: 21.01.2020 ssp