IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. Seetharama Murti, J.
Grandhi Yugander and Ors. - Appellants
Vs.
Jyothi Financiers, Guntur District and Ors. - Respondents
CRP No. 1635 of 2019
Decided On : 05-08-2019
Civil Procedure Code, 1908 – Section 151 – Constitution of India – Article 227 – DHr filed suit against JDrs for specific performance said suit was decreed – Then JDrs filed an appeal was dismissed – Then JDrs preferred a second appeal on this Court – Held, It is not a case where executing Court has no knowledge of orders of stay – As already noted executing Court is having knowledge of orders of stay granted in second appeal and yet executing Court proceeded to execute registered sale deed and directed sale deed to registered and ultimately sale deed was registered – Hence, In view of precedential guidance, executing Court acted illegally – Executing Court cannot be faulted as said acts were done on erroneous view that stay orders are not in operation/force – Though this Court direct JDrs to approach executing Court and seek remedy – This Court directs sale deed executed by executing Court in favour of DHr registered in office of Joint Sub-Registrar, remain in abeyance till stay orders granted in second appeal are either vacated or till same stand terminated in event of dismissal of second appeal – Directions issued – Revision petition disposed of. (Paras: 7,8 & 9)
Facts of the case:
DHr filed suit against JDrs for specific performance said suit was decreed – Then JDrs filed an appeal was dismissed – Then JDrs preferred a second appeal on this Court.
Findings of the court:
It is not a case where executing Court has no knowledge of orders of stay – As already noted executing Court is having knowledge of orders of stay granted in second appeal and yet executing Court proceeded to execute registered sale deed and directed sale deed to registered and ultimately sale deed was registered – Hence, In view of precedential guidance, executing Court acted illegally – Executing Court cannot be faulted as said acts were done on erroneous view that stay orders are not in operation/force – Though this Court direct JDrs to approach executing Court and seek remedy – This Court directs sale deed executed by executing Court in favour of DHr registered in office of Joint Sub-Registrar, remain in abeyance till stay orders granted in second appeal are either vacated or till same stand terminated in event of dismissal of second appeal – Directions issued.
Result: Revision petition disposed of
ORDER :
M. Seetharama Murti, J.
1. This civil revision petition, under Article 227 of the Constitution of India, is filed by the judgment Debtors assailing the order, dated 27.12.2018, of the learned I Additional Senior Civil Judge, Guntur, passed in EP No. 326 of 2009 in OS No. 306 of 1999.
2. I have heard the submissions of the learned Counsel for the petitioners/judgment Debtors ('JDrs', for brevity). Though the 1st respondent/Decree Holder (DHr) is served with notice, it did not enter appearance. However, on the day the matter is listed for pronouncement of orders, the 1st respondent/DHr entered appearance. Hence, on 2.8.2019, further submissions of both the sides are heard. The 2nd respondent is stated to be a formal party.
3. Learned Counsel for the JDrs submits as follows:
'In view of the above, situation of proceedings remaining pending for long on account of stay needs to be remedied. Remedy is required not only for corruption cases but for all civil and criminal cases where on accoun
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