High Court for State of TelanganaCRP/1550/2019disposed of no costs

P.Ramulu, Ips (Retired Dgp) v. M.Madhava Reddy

2019-11-11Shameem Akther2 pages

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Civil Revision Pet it ion No.1 5 5 0 of 2 0 1 9 ORDER:

This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is filed by the petitioner/ judgment debtor No.1, challenging the docket order, dated 26.06.2019, passed in E.P.No.893 of 2019 in O.S.No.183 of 2005, by the XIV Additional Chief Judge (FTC), City Civil Court, Hyderabad, whereby, on an execution petition filed by the 1st respondent/ decree holder for arrest and detention of the revision petitioner/ judgment debtor No.1 in civil prison, the Court below set the revision petitioner/ judgment debtor No.1 ex parte for his non appearance in person before the Court below in compliance to the show cause notice and posted the matter to 05.07.2019 for ex parte enquiry.

2 .

Heard the submissions of Sri P.Venugopal, learned senior counsel, appearing for Sri K.Goverdhan Reddy, learned counsel for the revision petitioner/ judgment debtor No.1, Sri Y.Krishna Mohan Rao, learned counsel for the respondent No.1/ decree holder and perused the record.

3 .

Admittedly, the revision petitioner/ judgment debtor No.1 was set ex parte by the Court below. The revision petitioner/ judgment debtor No.1 can assail the same before the Court below by making appropriate application. The

learned counsel for the respondent No.1/ decree holder undertakes that the respondent No.1/ decree holder would not take any coercive steps against the revision petitioner/ judgment debtor No.1, for a period of one (01) week from today.

4 .

Recording the said submission of the learned counsel for the respondent No.1/ decree holder, this Civil Revision Petition is disposed of granting liberty to the revision petitioner/ judgment debtor No.1 to work out appropriate remedies, in accordance with law, before the execution Court. Miscellaneous petitions, if any, pending in this Civil Revision Petition, shall stand closed. There shall be no order as to costs.

______________________ Dr . SHAMEEM AKTHER, J 11th November, 2019 Bvv