U. Sowri Reddy (Dead)
by LRS. Vs. B. Suseelamma & Ors.
J U D G M E N T
Markandey Katju, J.
appeal has been filed against the order dated 12.4.2002 in C.R.P. No.5939 of 2001
of the High Court of Andhra Pradesh at Hyderabad.
learned counsel for the parties and perused the record.
facts have been stated in detail in the impugned order and hence we are not
repeating the same here except where necessary.
B. Chandrasekhara Reddy, the predecessor of the respondents herein filed suit no.23
of 1992 before the Subordinate Judge, Gooty against the appellant herein for
recovery of an amount of Rs.26,720/- being the principal amount and interest due
on a pronote dated 3.4.1991 executed by the appellant herein for Rs.24,000/-
payable with interest at 12% per annum. That suit was decreed ex-parte by the learned
Subordinate Judge, Gooty on 10.2.1995 and the plaintiff-respondent filed an Execution
Petition for realization of the decretal amount by sale of the immovable property
of the appellant. On 15.9.1997 the sale was held in favour of the respondents
herein. It is alleged that the property was worth of Rs.15 lacs but was sold for
Rs.3,15,000/- to realize the decretal amount of Rs.40,364/-.
appellant herein filed an application under Order 21 Rule 90 C.P.C. to set
aside the sale of property. That application was dismissed by the trial court. A
Civil Revision Petition No.1423 of 1998 was filed by the appellant in the High
Court against that order. The High Court by order dated 10.04.1998 gave an
opportunity to the judgment debtor to pay the decretal amount.
is alleged that on 16.4.1998 in pursuance of the High Court order dated 10.4.1998
the appellant herein deposited the decretal amount. However, on 22.7.1998 the Executing
Court dismissed the application to set aside the sale of the property in question.
Against that order a Civil Revision was filed and on 9.10.1998 the High Court allowed
the Civil Revision Petition No.3957 of 1998 and remanded the matter to the
trial court for fresh disposal. Thereafter on 2.11.2001 the application of the
appellant was allowed and the sale was set aside with a direction to the
appellant to deposit a sum of Rs.18,000/-. That order has been set aside by the
impugned order of the High Court and hence this appeal.
our opinion the impugned order of the High Court cannot be sustained. It appears
that the High Court ignored the deposit of Rs.18,000/- on 06.11.2001 in
pursuance of order dated 2.11.2001, and failed to take into account the order dated
11.12.2001 of learned Additional Senior Civil Judge dismissing the Execution
Petition No.17 of 1996 and also did not take into consideration the earlier
order dated 10.4.1998 in Civil Revision Petition No.3957 of 1998.
our opinion the High Court was not justified in interfering in a Civil Revision
Petition under Section 115 C.P.C. when the amount of Rs. 18,000/- was deposited
on 06.11.2001 as per order dated 02.11.2001.
the reasons given above this appeal is allowed and the impugned order of the
High Court is set aside.
(Gyan Sudha Misra)