Thota Krishnaiah v. B.Chandra Sekhar

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISION PETITION No.4450 of 2010 ORDER:

Heard learned counsel for the petitioner and perused the records. Inspite of service of notice, there is no representation on behalf of the respondent.

The present revision is filed against the docket order dated 23.08.2010 passed in E.P.No.35 of 2010 in O.S.No.2 of 2005 on the file of Junior Civil Judge, Venkatagiri, Nellore District, wherein the Court directed the respondent herein to withhold a sum of Rs.63,375/- plus interest from the salary of one Thota Krishnaiah in monthly installments of Rs.2,742/- and remit the same to the Court by way of demand draft payable at S.B.I., Venkatagiri. Challenging the same, the present Civil Revision Petition is filed.

On 29.09.2010, while issuing notice before admission, this Court ordered interim stay subject to condition of petitioner depositing half of the decretal amount, within one week from that day and further stated that in default, the stay shall stand automatically vacated without further reference to the Court. Later, on 03.06.2014, a representation was made before this Court stating that interim orders have been complied with by depositing half of the decretal amount. In view of the same, the interim stay was made absolute pending disposal of the C.R.P.

At the time when the matter is taken up for hearing, learned counsel for the petitioner submits that an appeal has been preferred against order in O.S.No.2 of 2005 and thereafter he has no instructions from his client.

Having regard to the circumstances stated above and since the Court directed the petitioner herein to pay installments at the rate of Rs.2,742/- per month, by now the petitioner might have paid the entire amount. If the petitioner has paid the entire amount, E.P. shall stand closed and in case the petitioner failed to pay the entire amount, the original order stands revoked and the Executive Court shall proceed in accordance with law.

Accordingly, the Civil Revision Petition is disposed of. No costs. As a sequel thereto, Miscellaneous Petitions, if any, pending, shall stand dismissed.

_________________________ JUSTICE C. PRAVEEN KUMAR 10.02.2016 vhb