Execution Petition No. 95 of 2023 · The High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the interim stay granted vide order dated 2911212O24 in lA No.1 of 2023 in CRP No. 3695 of 2023, till the disposal of the matter. ,.?.i:i;,.t?. lA NO: 1 OF 2023 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Couft may be pleased to stay all further proceedings in Execution petition No. 95 ol ?.O23 in ARB No. 389 of 2015 on the file of Honorable Principal Junior civil Judger court at Khammam. Counsel for the Petitioner : Sri. P. Rama Sharana Sharma Counsel for the Respondent No. 1 : Sri p. Durga prasad The Court made the following: ORDER HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CRP.No.3695 of2023 ORDER: This Civil Revision Petition is filed aggrieved by the proceedings initiated against the petitioner by respondent No.1 in the tbrm of EP.No.95 of 2023 inArb.No.389 of 2015 onthe file of the Principal Junior Civil Judge, Khamrnam.

2. Heard Sli P.Rama Sharana Sharma, leamed counsel for the petitioner and Sri P.Durga Prasad, learned counsel lior respondent No.l

3. l-earned counscl for thc petitioner submitted that the petitioner is a subscribel of chit of respondent No. l-chit fund company; that in view of default committed by petitioner in payment of chit amount, respondent No. I initiated Arbitration proceedings vide Arb.No.389 of 2015 before the Deputy Registrar of Chits, Khammam and an Award was passed on 30.08.2022; and that for execution of the said Award, respondent No. I filed EP.No.95 of 2023 before the Principal Junior Civil Judge, Khammam, claiming a sum of Rs.1,35,8431-. He further submitted that against the Award passed by the Deputy Registrar of Chits, 2 LNl, J ( RP. No.3695 oI2023 ::s Khammam, the petitioner preferred an Appeal lte,fole the Special Secretary (Revenue), Registration and Stam rsr Deparlment, Govemrnent of Telangana, Hydcrabad, along with an application for stay of execution of Award; and aggrieved b., the inaction of the said authority in taking up the matter, thc petitioner \\ras constrained to lile WP.No.28962 of 2023 and the said WP was disposed of by this Court vide order dated 1610.2023 rvith a direction to the Special Secretary (llevenuc) to nr nrber the appeal filed by thc petitior.rer if it is otherra,ise in order aLrd dispose o1- the same pref'erably within a period of thre e mo,l th s and fu(her, directcd thc said authority to nur.nber the applicatic,n, if any, filed for suspension of the Award and dispose of thr: same within a period cfthree weeks.

3.1. Learned counsel furll-rer submitted that despitc the specific orders ,rf this Court, the Special Secretarl, (l{r:r'enue) did not adjudicate the Appeal and in the meanwhile, respcrdent No.1 fi1ed EP.No.!t5 of 2023. Aggrieved by the ir.ritiatic,n of execution proceedings, the petitioncr' filed the present l{t:vision and this Court vLde order dated 29.12.2023 granted interinr rtay, subject to the petitior.rer depositing 25o/o of the decretal arrount; that the J LNA, J CRP.No.J695 of 202J petitioner has complied with the said order and respondent No.1 has withdrawn the arnount deposited by the petitioner. Leamed oounsel fur1her subrritted that the petitioner is ready to deposit another 25%o of the decretal amount within a period of one month and prays to stay the EP proceedings till the disposal ofthe Appeal by the Special Secretary (Revenue)

4. Learned counsel for respondent No.l submitted that the petitioner is neither tahing any steps to get the Appeat adjudicated by the Special Secretary (Revenue) nor has filed any Contempt Case lor non-cornpliance of the older dated 16.10.2023 passed by this Court in WP.No.28962 of 2023, therefore, if the EP proceedings are stayed, respondent No.1 would be preventcd from enforcing the Award. However, Iearned counsel ultimately submitted tliat EP ploceedings may be stayed, subject to the petitioner depositing another 25ok of the decretal amount within a specified period I \

5. Considering the submissions made by leamed counsel for both the parties, this Coun is of the considered opinion that this Revision can be disposed of with the following directions:- I I 4 I-NA, J ( RP. No.3695 of 2023 ....:ar.",i (D The petitioner shall deposit 25Yo ol tl.re clecretal amount within a period ol one month beforc the Ilxecuting Court. C)n such deposit, respondent No.1 s perrnitted to vu,ithdraw the same without furnisliing an\/ secu t'ity (ii) All further proceedings in EP.No.95 o1 li )il3 on the file of Principal Junior Civil Judge, Khammarrr. are stayed till the disposal of the Appeat by ttie Special Secretary (Revcnuc), subject to the petitioner depositing the albresaid amount within thc stipulated tirn,,- (iii) L.r default of payment o1- tl.re aforcsaid a nour.rt within the stipulated time, intelim stay stands vacat,:cl aulomatically. (i") The petitioner shall take suitable stcps zrnd act diligently for disposal ol the Appeal by the Slecial Secretary (l{evenue) as expeditiously as possible.

6. Subject to the above directions, this l{evisio r is disposed of

7. r\s a sequel, the miscellancous applications pcnding, if any, shall stand closed. No costs SD/.A. JAYASRI,E ASSISTANT REGISTRAR I //TRUE COPY// 1 l l \ .., SECTION OFFICER

1. The Principal Junior Civil Judge Court at Khammam. 2. One CCto Sri. P. Rama Sharana Sharma, Advocate tOPUCI 3. One CC to Sri P. Durga Prasad, Advocate IOPUCI 4. Two CD C;opies *M -'1 .{ \ To, DL -/' ,/.-- - 1 .r- lr- i,3 2t ,\ .i, i..r ^\'!' '-i jEP ilTc HIGH COURT DATED:1710712025 ORDER CRP.No.3695 ol 2O23 G.R.P IS DISPOSED OF \?d