E.P.No.9/2023 in OS No.
47/2020
Fair Copy Dt.21.02.2024, JFCM Court, BVRM
1
IN THE COURT OF THE PRINCIPAL CIVIL JUDGE ( JUNIOR DIVISION) : BHIMAVARAM
Present:- Sri Pavan Kumar Aka
Principal Civil Judge (Junior Division), Bhimavaram
Wednesday, this the 21st day of February, 2024
E.P.No.9/2023 in O.S.No.47/2020
Between:
Kotana Satyavathi,
W/o.Venkata Ramana, Aged 39 years, Properties,
Adireddipalem (V), Sabbavaram Mandal.
Visakhapatnam District.
... Petitioner/D.Hr.
And
Pithani Trimurthulu,
S/o.Simhachalam, Aged 51 years, Business,
D.No.10-4-39, Chinaranganipalem,
Bhimavaram. W.G. Dt.,
… Respondent/J.Dr.
This petition coming on 31-01-2024 before me for consideration in the
presence of Sri K.S.S.Prasad, Advocate for petitioner/D.Hr., and of Sri V.V.Subba Rao,
Advocate for respondent/J.Dr., and upon hearing the arguments on behalf of D.Hr, and
having stood over for consideration to this day, this court made the following:
ORDER
1. The D.Hr. filed this E.P. against the J.Dr. seeking issuance of notice and
attachment under Order XXI Rule 54 and for proclamation and sale of E.P. schedule property
under Order XXI Rule 64 and 66 of CPC for realization of decree amount.
2. The brief averments of the affidavit filed by the D.Hr. in support of the
petition are as follows:
The D.Hr. obtained decree against the J.Dr. for recovery of amount due under
promissory note from the Learned I Addl. Junior civil Judge at Anakapalle. That, after passing
of the decree, the D.Hr. several times personally and through mediators demanded the J.Dr.
to pay the decree amount, but the J.Dr. has not made any payment. As the petition schedule
E.P.No.9/2023 in OS No.47/2020
Fair Copy Dt.21.02.2024, JFCM Court, BVRM
2
property is situated within the jurisdiction of this Court, the said Decree is transferred to this
Court and basing on that, the present petition is filed. That, the J.Dr. is having house
property in an extent of Ac.0-03 cents on the Western Part in the middle of Ac.0.49 Cents in
R.S.No.230/8 with two storied RCC Building with door no.10-4-39 situated in
Chinaranganipalem village and he is able to pay the decree amount in lumpsum at once, but
he is trying to evade payment.
3. The J.Dr. filed counter denying the averments of the affidavit. It is further
submitted that the respondent/J.Dr., filed a petition to set aside the decree passed in the
above suit which is pending in S.R.No.580/2023 and further contended that the J.Dr. has no
salable interest over the petition schedule property and hence the property and thus, prayed
to dismiss the petition.
4. Heard learned counsel for D.Hr. and the hearing on behalf of J.Dr. was treated
as heard.
5. Now the point for consideration is:
Whether there are any grounds to put the E.P schedule property for
proclamation and sale for realization of decree amount?
POINT
6. A perusal of the record discloses that, evidently the D.Hr. filed
O.S.No.47/2020 against the J.Dr for recovery of amount and for costs and the suit has been
decreed. A perusal of certified copy of decree in O.S.No.47/2020 filed along with this E.P.
discloses that the said suit was decreed for an amount of Rs.5,96,533/- towards promissory
note debt and for Rs.18,285/- towards costs. Though the J.Dr. in his counter averred that he
filed a set aside petition against the above decree, as it is passed ex parte, he did not state
anything about whether there is any stay on the decree.
E.P.No.9/2023 in OS No.47/2020
Fair Copy Dt.21.02.2024, JFCM Court, BVRM
3
7. As per J.Dr. has no salable interest in the E.P. schedule property and the same is
not liable for auction. A perusal of the record discloses that this Court has issued warrant of
attachment under Order XXI Rule 54 of CPC while issuing notice to J.Dr. and the said warrant
was duly effected, but so far no 3 rd party has made claim against the property. Further, J.Dr.
has not come up with any proof to show that the E.P. schedule property does not belong to
him. Hence, the contention of J.Dr. that he has no salable interest cannot be accepted.
8. Since J.Dr. has suffered decree in the hands of D.Hr, he has to comply the terms
of decree. A perusal of the record discloses that the J.Dr. has not made any payment in
furtherance of the decree. Therefore, the D.Hr. has got right to proceed against the J.Dr. by
any of the modes of execution of decree by satisfying the requirements, for realization of the
decree amount. The J.Dr has not come up with any tenable grounds as to why the D.Hr.
should not proceed against the E.P. schedule property.
9. In view of the above circumstances, this Court is of the opinion that there is no
impediment in putting the E.P. schedule property for proclamation and sale for realizing the
decree amount.
10. In the result, E.P. is allowed. Attachment of E.P. schedule property is made
absolute. For filing S.P. and E.C. Call on 14.03.2024.
Typed by me on my laptop, corrected and pronounced by me in open court,
st
this the 21 day of February, 2024. Digitally
signed by PAVAN
KUMAR AKA
PRINCIPAL CIVIL JUDGE,
(JUNIOR DIVISION)
BHIMAVARAM
(No oral or documentary evidence adduced on either sides)
Digitally
signed by
PAVAN KUMAR
AKA
PCJ (JD), BVRM
