Kasanagottu Jagadishwar, Karimnagar Dist And Another v. Kanna Anjaiah, Karimnagar Dist

THE HON'BLE SRI JUSTICE S.V.BHATT C.R.P.No.4587 of 2017 ORDER:

The Judgment Debtors (J.Drs.) in E.P.No.29 of 2013 are the revision petitioners.

The revision petitioners challenge the order dated 02.08.2017. Through the order impugned in the civil revision petition, the executing court issued sale proclamation and publication in Eenadu Telugu Daily.

On 15.09.2017, this Court has passed a conditional stay order. Learned counsel appearing for the parties state that the condition is complied with.

Mr.C.Prakash appearing for revision petitioners, hence contends that before the next stage in the matter is taken up by the executing court, the J.Drs. have substantially paid the E.P. amounts, therefore, the order under revision is liable to be set aside and the executing court could be called upon to take note of the amounts deposited and pass appropriate orders. Ms.Nimmagadda Revathi appearing for respondent/Decree Holder (D.Hr) submits that D.Hr may be permitted to withdraw the amounts already deposited by J.Drs.

This Court is of the view that revision petitioners have complied with the condition, therefore, the interim order dated 15.09.2017 is made final order in the civil revision petition and the executing court could be directed to hear both the parties to take

note of the payments already made and pass final orders including permission to withdraw the amounts deposited within four weeks from the date of receipt of copy of this order. The civil revision petition is ordered accordingly. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed. ________________ S. V. BHATT, J Dt: 31.08.2018 dv