Order - XXI Rules – 54 (1A), 66 and 64 of the Code of Civil Procedure, 1908 for execution of the decree. sale batta was not paid.= The executing Court ought to have given time to the petitioner to pay batta. The fruits of the decree, which is obtained after so much of ordeal, cannot be denied to the petitioner on hyper-technicalities at the time when the Courts are sensitizing the people about their rights and making efforts to take justice to the doorsteps of the people. The impatience executed by the trial Court cannot be countenanced.

HON'BLE SRI JUSTICE L. NARASIMHA REDDY

 

CIVIL REVISION PETITION Nos.1091 AND 1104  OF 2013

COMMON ORDER:

          Petitioner filed O.S. No.189 of 2010 in the Court of Principal Senior Civil Judge, Narasaraopet, for recovery of amount.  The suit was decreed and the decree became final.  Thereupon, petitioner filed E.P. No.115 of 2011 under Order - XXI Rules – 54 (1A), 66 and 64 of the Code of Civil Procedure, 1908 for execution of the decree.  It was noticed that sale batta was not paid.  Petitioner filed E.A. No.26 of 2013 with a prayer to condone the delay of
35 days in filing batta.  The executing Court passed order dated 31-01-2013 dismissing the said E.A.  On the same day, E.P. was also dismissed on the ground that sale batta was not paid.

          2.  Heard Sri P.V.S.K. Chakravarthy, learned counsel for the petitioner.

3.  Though the respondent was served with notice, he has not entered his appearance.

4.  The executing Court ought to have given time to the petitioner to pay batta.  The fruits of the decree, which is obtained after so much of ordeal, cannot be denied to the petitioner on hyper-technicalities at the time when the Courts are sensitizing the people about their rights and making efforts to take justice to the doorsteps of the people.  The impatience executed by the trial Court cannot be countenanced.   

       

          5.  Therefore, these Civil Revision Petitions are allowed and the orders of the trial Court in E.A. No.26 of 2013 and E.P. No.115 of 2011 dated 31-01-2013 are set aside and the E.P. is restored to its file.  Two weeks time is granted to the petitioner to comply with the deficiencies, if any, in the context of deposit of batta. 
There shall be no order as to costs.

         

6.  Consequently, the Miscellaneous petitions filed in these revisions shall stand disposed of. 

    

_____________________

                                                          L. NARASIMHA REDDY, J

April 10, 2013.

VVR/PV