Manepalli Veerabhadra Rao v. Perumalla Venkata Krishna Narayana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** Between:

Manepalli Veerabhadra Rao ...

Petitioner/DHr And Perumalla Venkata Krishna Narayana and two others

...Respondents

DATE OF JUDGMENT PRONOUNCED: 17-07-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE R. KANTHA RAO Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

Yes/No

THE HON'BLE SRI JUSTICE R.KANTHA RAO ORDER:

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

Learned Executing Court erroneously dismissed the execution petition on the ground that one of the judgment-debtors is not residing within its jurisdiction. Instead of dismissing the execution petition, the Executing Court ought to have proceeded against the remaining judgment-debtors. The impugned order being erroneous is liable to be set aside. Therefore, the revision petition is allowed and the matter is remitted back to the trial Court for disposal according to law. There shall be no order as to costs. Miscellaneous petitions, if any, filed in this revision shall stand closed.

_________________ R.KANTHA RAO, J Date:17.07.2015 Ccm THE HON'BLE SRI JUSTICE R.KANTHA RAO

Date:17-07-2015