The High Court · 2025
Case Details
Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the decree and order dt. 01.05.2025 passed in EA. No. 1OO of 2024 in Ep. No. 23t ot 2O23 by the I Addl. Dist ict Judge, Warangal pending disposal of the present Appeat Siit. lA NO: 3 oF 2025 Between: 9ltyqtg p_av]tha, Wo Premnath, Aged 55 years, Occ. Horr :maker, Rt/o H. No 8-3-411N5, Otd Beet Aazar,Waianigii -- -- "' AND ...Vacate Petitior rrlRespondenUDHR
1. Warangal Urban Co-ooerativ Branch ... RespondenUAppellant e Bank Ltd., RNT Road, r''arangal, Rep Manager. by its
2. Gundu Prabakar. S/o..Late Rajashekaram Aged 62 yea-: . Occ. Business, Rr/o. H. No. 12_6_10, namannipet, Wi;;ifif'" "- Petition under Section .151 CpC praying that in the r; .cumstances stated in the affidavit fired in support of the petition, the High cou 1 may be preased to vacate the interim order dated 11/0712025 passed in rA No. of 2025 in AS No. 355 of 2O25. ... RespondenUJ.Dr Counsel for the Appellant : Sri Krishna Reddy .M. represent ng Sri Sai Sumed yasaswi lionda6,: lli Counsel for the Respondent No. 1: M/s. Juristit Law LLp The Court delivered the following: IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE RENUKA YARA APPEAL SUIT No.355 of 2025 I2 H DAY oF DECEMBER,2025 Between: Warangal Urban Co-operative Bank Limited AND Smt.Chityata Savitha and another JUDGMENT: Appellant . . Respondents I-leard Sri Krishna Reddy. M, learned counsel representing Sri Sai Sumed Yasaswi Kondapalli, learned counsel for the petitioner and M/s. Jurislit Law LLP, leamed counsel for respondent No. l. Perused the entire record
2. This appeal is preferred aggricvcd by the order and decree dated
01.05.2025 in E,A.No.100 of 2024 in 8.P.No.237 of 2023 passed by the learned I Additional District Judge, Warangal ('Executing Courl'), wherein a petition filed under Order XXI Rule 59 read with Section 151 of C.P.C., has been dismissed.
3. Learned counsel for respondent No.1 submitted that there is an error in the schcdule of property submitted belore the Executing Court and they RY,J As 355 2025 intend to rectiff the same by initiating appropriate proctx dings before the Executing Court. Therefore, he submitted that the appetLl may be allowed giving liberty to respondent No. l/decree holder to file fier; . E.P.
4. In view of the submission made by leame4 coun; I for respondent No.1/decree holder, the impugned order dated 01.05.2025 n F,.A.No.i00 of 2024 in E.P.No.237 of 2023 has to be set aside.
5. ln the result, the appeal is disposcd of setting a:i le the impugned order dated 01.05.2025 in E.A.No.l00 of 2024 in E.l'} No.2l7 ol 202) passed by the Executing Court. There shall be no 'r der as to costs. Miscellaneous applications, if any, pending shall stand cl'r ;cd. Sd/- I|/] RAMANA KRISHNA JOINT REGISTRAR (" SECTION OFFICER //TRUE COPY// To, t.
3. 4. The I Additional District Judge, Warangal District With records) One CC to Sri Sai Sumed Yasaswi Kondapalli, Ao :cate [OPUC] One CC to M/s. Jurislit Law LLP, Advocate [OPUC] Two CD Copies 5 DL/PR W 2 HIGH COURT DATED:1211212025 \ t C) CI THE S 2 1 iAi! 202.$ { JUDGMENT AS.No.355 of 2025 APPEAL IS DISPOSED OF a THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA APPEAL SUIT NO: 355 OF 202 5 Between: Warangg! Urban Co-operative Bank Ltd., RNT Road, Warangal, Rep. by its Branch Manager ...AppellanUClaim Petition6r AND
1. Chityala Savitha, W/o Premnath, Aged 55 Years, Occ. Homemaker, Rt/o. H. ...RespondenUD.Hr. No. 8-3-41/4/5, Old Beet Bazar, Warangal.
2. Gundu Prabakar, S/o. Late Ralashekaram Aged 62 Years, Occ. Business, ...RespondenUJ.Dr Rl/o. H. No. 12-6-10, Ramannapet, Warangal. Appeal filed under Section 96 of C.P.C., aggrieved by the Judgment and Decree dated 01 .05.2025 passed in EA. No. 1 00 ot 2024 in EP. No. 237 of 2023 on the file of the court of the I Additional Diskict Judge, Warangal District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the case and upon hearing the arguments of Sri Krishna Reddy M. representing Sri Sai Sumed Yasaswi Kondapalli, Advocate for the Appellant and of M/s. Jurislit Law LLP, Advocate for the Respondent No. 1 . This Court doth Order and Decree as follows:
1. That the Appeal be and hereby is disposed of setting aside the impugned I order dated 01.05.2025 in E.A. No. 100 of 2024 in E.P. No. 237 of 2023 passed by the Executing Court;
2. That there shall be no order as to costs in this appeal. //TRUE COPY// Sd/- M. RAMANA KRISHNA JOINT REGISTRAR ,,; I SECTION OFFICER To,
1. The I Additional District Judge, Warangal District 2 fwo CD Copies w HIGH COURT DATED:1211212025 DECREE AS.No.355 of 2025 APPEAL IS DISPOSED OF a $/