G Jayachandra Raju, Spsr Nellore Dist v. K Ramasubba Reddy, Kadapa Dist And 11 Others
THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY CIVIL REVISION PETITION Nos.1140, 1141, 1262, 1263, 1267 and 2278 of 2017 COMMON ORDER:
These civil revision petitions are filed by the petitioners under Article 227 of the Constitution of India, aggrieved by the rejection of Memos filed in E.P. Nos.39, 40, 41 and 42 of 2015 in LAOP Nos.219, 220, 221 and 222 of 2000 on the file of the Court of IV Additional District Judge, Kadapa.
2.
Since the respondents in all the revision petitions are common and the point involved is one and the same, this Court is inclined to dispose of all the revision petitions by this common order.
2.
Heard Sri K.G.Krishna Murthy, learned Senior Counsel representing Sri K.Rama Mohan, learned counsel for the petitioners and Sri P.Veera Reddy, learned Senior Counsel representing Sri K.Murali Krishna, learned counsel for the respondents.
3.
A perusal of the record reveals that Sri G.Jayachandra Raju and Sri K.Sarath Kumar Raju (petitioners herein) respectively filed O.S.No.42 of 2017 and O.S.No.52 of 2017 on the file of the Court of Senior Civil Judge, Kadapa against the respondents herein claiming Advocate fee in respect of the above L.A.O.Ps. The petitioners filed I.A.No.421 of 2017 and I.A.No.459 of 2017 in O.S.No.42 of 2017 and O.S.No.52 of 2017 under Order XXXVIII Rule 5 of CPC seeking attachment of the money lying to the credit of the above referred L.A.O.Ps. The trial Court passed the ex parte
CRP Nos.1140, 1141, 1262, 1263, 1267 and 2278 of 2017 orders on 07.2.2017 in I.A.No.421 of 2017 directing the respondents in the suit to give security to the suit (O.S.No.42 of 2017) amount of Rs.9,83,457/-. Similarly, by ex parte order dated 14.2.2017 in I.A.No.459 of 2017, the trial Court directed the respondents to give security to the suit (O.S.No.52 of 2017) amount of Rs.6,52,945/-. In pursuance of the said orders, the petitioners filed the memos before the Court of IV Additional District Judge, Kadapa not to issue cheques in favour of the respondents, who are the petitioners in the L.A.O.Ps. By the impugned orders, the said memos were rejected. Hence, the revisions.
4.
The learned Senior Counsel for both the parties, in all fairness, submitted that the learned IV Additional District Judge, Kadapa may be directed to issue cheques in favour of the respondents, after deducting the amounts covered under I.A.Nos.421 of 2017 and I.A.No.459 of 2017. In view of the said submission, this Court is not inclined to go into the merits of the main case. The learned counsel for both the parties filed statements reflecting the amounts to be deducted from each of the respondents.
5.
Having regard to the facts and circumstances of the case, learned IV Additional District Judge, Kadapa is hereby directed to issue the cheques in favour of the respondents, as early as possible, as mentioned below:
CRP Nos.1140, 1141, 1262, 1263, 1267 and 2278 of 2017 CRP Number E.P.
Number LAOP Number Name of the respondent Total amount in LAOP Amount claimed in OS No.42 of Amount claimed in OS No.52 of 2017 1141/2017 39/2015 219/2000 M.Narayana Reddy 5,77,724 46,580 36,390 1140/2017 40/2015 220/2000 K.Rama Subba Reddy 18,29,083 1,40,430 99,865 1267/2017 41/2015 221/2000 P.Chinna Subba Reddy 12,89,875 99,990 61,785 41/2015 221/2000 P.Rama Lakshumma 9,38,540 73,640 56,066 41/2015 221/2000 K.Venkata Ramana 17,37,918 1,33,593 80,324 41/2015 221/2000 N.Narasamma 15,67,269 1,20,795 76,921 41/2015 221/2000 N.Subbarayudu 17,59,109 1,35,183 80,131 1263/2017 1262/2017 & 2278/2017 42/2015 222/2000 P.Rama Chandra Reddy 6,28,420 50,380 34,006 42/2015 222/2000 P.Venkata Subba Reddy 4,44,732 36,605 25,221 42/2015 222/2000 P.Konda Reddy 4,30,371 35,522 25,005 42/2015 222/2000 K.Yellamma 14,33,111 1,10,731 77,224 6.
Accordingly, civil revision petition Nos.1140, 1141, 1262, 1263, 1267 and 2278 of 2017 are allowed. Miscellaneous petitions if any pending in this revision petition shall stand closed. _________________________ T.SUNIL CHOWDARY, J.
Date: 12.7.2018 YS