The court emphasized that the order for proclamation on payment of process was not challengeable by filing a revision, and failure to comply with the conditional order would lead to the vacation of the stay and the conduct of the auction.

ORDER :

J.Dr.No.2 filed the above revision against the order dated 29.04.2022 whereunder the executing Court ordered proclamation on payment of process.

2. Respondent/Decree holder filed suit O.S.No.1181 of 2015 on the file of the VII Additional Senior Civil Judge, Vijayawada for recovery of amount. The suit was decreed on 18.08.2017 for an amount of Rs.10,24,362/-with future interest on Rs.8,35,600/- at 18% per annum from the date of suit till date of decree and thereafter at 6% per annum from the date of decree till the date of realization. Pursuant to the decree, decree holder filed E.P.No.11 of 2019.

3. Defendant in the suit filed appeal A.S.No.1104 of 2017 on the file of this Court. No stay was granted in the appeal. By order dated 29.04.2022, executing Court issued proclamation on payment of process to sell the attached property. Against the said order, present revision is filed under Article 227 of the Constitution of India.

4. By order dated 14.06.2022, learned single judge of this court granted stay of all further proceedings in E.P for a period of eight weeks on condition of deposit of 25% of decretal amount. Also observed that failure to deposit the amount, the stay granted stands vacated automatically. However, revision petitioner/J.Dr could not comply with the order and hence the default clause came into force.

5. I.A.No.5 of 2022 was filed seeking extension of time. The said application was initially filed on 08.12.2022 and it was returned by the Registry and again it was submitted on 14.12.2022. By the time when I.A.No.5 of 2022 is filed, the conditional interim order granted by this Court on 14.06.2022 has worked out and the stay stood vacated. Since there is no stay, executing Court proceeded with auction and the auction was conducted on 19.12.2022. A third party, participated in the auction, became the highest bidder.

6. In the case on hand, revision was filed at the stage when the executing Court ordered proclamation of sale. It is only a stage wherein the property was put to sale. Ordering proclamation itself does not give rise any cause and the same cannot be challenged by filing revision. After ordering proclamation, executing court shall follow further procedure to conduct sale.

7. Thus, in the considered opinion of the court, ordering proclamation on payment of batta, the revision itself is not maintainable. However, this court entertained revision and passed conditional order. Since the condition was not complied with the stay stands vacated and auction was conducted. This Court does not find any illegality in the order passed by the Court below to entertain the revision invoking Article 227 of the Constitution of India.

Since the auction was conducted on 19.12.2022, it is open to the judgment debtor to avail remedy under Sections 89 and 90 of Order 21 of CPC. During the course of arguments, it is brought to the notice of this Court that judgment debtor filed E.A.No.16 of 2022, the executing court shall consider E.A.No.16 of 2022 also.

8. With the above observation, the civil revision petition is disposed of. No order as to costs.

As a sequel, all the pending miscellaneous applications shall stand closed.