M/S. Binjusaria Ispat Private Limited v. Sri Amit Kumar Agarwal

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.1 4 6 9 OF 2 0 1 9 ORDER:

This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is filed aggrieved by the order, dated 26.03.2019, passed in E.A.(SR).No.1928 of 2019 in E.A.No.208 of 2015 in E.P.No.137 of 2014 by the II Additional District Judge, Ranga Reddy District at L.B. Nagar, wherein the Court below has rejected the subject Execution Application.

2 .

Heard both sides and perused the record.

3 .

The impugned order, dated 26.03.2019, reads as follows: "The petition is filed nearly after 4 years. No bonafides. Petition is rejected."

4 .

In the circumstances of the case, the Court below is bound to pass a reasoned order, which is apparently absent. Therefore, the impugned order, dated 26.03.2019, is set aside and the matter is remitted to the Court below. The Court below is directed to dispose of E.A.(SR).No.1928 of 2019 on merits by assigning reasons, within a period of two weeks from today. 5 .

Accordingly, the Civil Revision Petition is allowed. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J December 03, 2019.

MD