K Swamy v. Smt.B.Manjula

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY CRP No.6333 of 2017 ORDER:

This Civil Revision Petition is filed under Section 151 CPC assailing the order dated 21.09.2017 passed in E.P.No.4 of 2015 on the file of the Family Court, Ranga Reddy District at L.B.Nagar. Heard the learned counsel for both parties.

The point that arises for consideration is "whether there is any illegality, irregularity or impropriety in the impugned order?" I have carefully perused the impugned order. The executing court has not passed speaking order. The executing court dismissed E.A.No.2 of 2017 on the ground that both parties absent. Viewed from any angle, the order passed by the executing court is not sustainable either on facts or in law. Hence it is a fit case to allow the Civil Revision Petition. In the result, the Civil Revision Petition is allowed, the order dated 21.09.2017 passed in E.P.No.4 of 2015 on the file of the Family Court, Ranga Reddy District at L.B.Nagar is hereby set aside. Consequently, E.A.No.2 of 2017 is restored. The matter is remanded to the executing court to dispose of E.P.No.

4 of 2015 as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order. If the petitioner-J.Dr fails to cooperate with the executing court, the executing court is at liberty to pass orders in accordance with law. No order as to costs. As a sequel, miscellaneous petitions, if any pending in this Civil Revision Petition shall stand closed. _________________________ T.SUNIL CHOWDARY, J Date: 20.12.