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2025 DAILYLAW 10240 (AP)

SUB COLLECTOR [LAO] TENALI. v. GOPARAJU SHIVA PRASADA RAO [DIED] AND 4 OTHERS

CRP/2643/2014 · 2025-01-20

T C D Sekhar

body2025

Judgment text

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HTCDS,J CRP_2643_2014 1 APHC010115572014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION No.2643/2014 Between: Sub Collector [lao] Tenali. ...PETITIONER AND Goparaju Shiva Prasada Rao Died And 4 Others and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. GP FOR ARBITRATION Counsel for the Respondent(S): 1. V UMA DEVI HTCDS,J CRP_2643_2014 2 ORDER:- 1. The present revision petition is directed against the order dt.09.11.2011 passed in EP No.74 of 2009 in LAOP No.92 of 2001, on the file of Principal Junior Civil Judge, Tenali. 2. The decree holder filed EP under Order 21 Rule 43, 66, 64 of Civil Procedure Code seeking to attach and to sell the petition schedule for realization of award amount. Along with the petition the decree holder/respondent also filed a calculation memo stating that as per clause-II of decree he has entitled to interest at the rate of 9% from the date of taking possession i.e., 28.01.1984 to 29.01.1985 and thereafter interest at the rate of 15% per annum till the same is realized. The interest was calculated at the rate of 15% and the same comes to Rs.1,52,375/-. The calculation memo filed by the decree holder has been admitted by the judgment debtor by filing a memo dt.10.02.2007. Taking into note of the said calculation memo filed by the petitioner/judgment debtor, the Execution Court passed order under challenge by directing the petitioner/judgment debtor to deposit the balance sum of Rs.7,64,824/- before the Execution Court on or before 09.12.2011. Impugning the same, the present revision is filed. HTCDS,J CRP_2643_2014 3 3. Heard learned counsel for the petitioner and none appeared for the respondent except granting several adjournments. 4. Perused the material available on record. 5. It is clear from the order impugned, in the present revision petition that, the judgment debtor/petitioner has admitted the calculation memo filed by the decree holder and agreed that the decree holder is entitled to receive an amount of Rs.6,23,495/-, after deducting the amount already paid. 6. In that view of the matter, there is no occasion for the petitioner to file the present revision petition. Further on a perusal of the grounds raised in the revision petition, absolutely nothing is placed on record to show that the order under challenge is contrary to law. In the absence of any illegality or irregularity in the order impugned, the revision petition cannot be entertained and this Court does find any reason to interfere with the order impugned. 7. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. HTCDS,J CRP_2643_2014 4 8. As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR 20.01.2025 DR HTCDS,J CRP_2643_2014 5 82 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR CRP No.2643 of 2014 Date 20.01.2025 DR