IMPORTANT POINT
Judicial proceedings must ensure that all relevant applications are addressed before execution to uphold the principles of justice and fair trial.

JUDGMENT:

Ravi Nath Tilhari, J.

1. Heard Sri Chandra Sekhar Ilapakurti, learned counsel for the petitioner.

2. This civil revision petition has been filed under Section 115 of the Code of Civil Procedure (CPC) challenging the order dated 16.02.2024, passed in E.A.No.488 of 2019 in E.P.No.45 of 2017 in O.S.No.107 of 2015, by the Executing Court-Principal Senior Civil Judge, Rajamahendravaram, East Godavari.

3. The petitioner is the defendant and the respondent is the plaintiff/decree holder in O.S.No.107 of 2015. They shall be referred as in the suit.

4. The plaintiff Dasarapudi Subramanyam filed O.S.No.107 of 2015 against Patnala Sriramachandra Murthy-the defendant, for recovery of an amount of Rs.8,49,330/- based on the mortgage. The defendant remained ex parte. The learned Principal Senior Civil Judge, Rajamahendravaram passed the ex parte preliminary decree on 22.07.2015 for a sum of Rs.8,49,330/- with interest. Plaintiff filed I.A.No.1637 of 2015 to pass final decree. The defendant filed I.A.No.179 of 2020 under Section 5 of the Limitation Act along with I.A.No.180 of 2020 under Order IX Rule 13 C.P.C for setting aside the ex parte preliminary decree dated 22.07.2015. These applications were filed on 11.02.2016 but were numbered only in the year 2020. These applications remained pending and without deciding the same, the final decree was passed on 22.06.2017, by the I Additional Senior Civil Judge, Rajamahendravaram. The plaintiff filed the Execution Petition in E.P.No.45 of 2017 seeking sale of the plaint schedule property of the defendant. The auction sale was conducted under order dated 20.09.2019 and was confirmed on 20.11.2019 in favour of the decree holder. The decree holder filed E.A.No.488 of 2019 in E.P.No.45 of 2017 seeking delivery of the schedule property. He also filed E.A.Nos.81 of 2020 and E.A.No.82 of 2020 seeking police aid and to break open the doors by the Court Amin. The defendant-J.Dr filed E.A No.23 of 2020 under Order 21 Rule 26 C.P.C seeking stay of execution proceedings. By order dated 16.02.2024, E.A No.23 of 2020 was rejected in default. By the same order dated 16.02.2024, the E.A.Nos.81 and 82 of 2020 were allowed permitting the police aid as also to break open the doors. Finally, the delivery was effected on 13.03.2024. E.P. No.45 of 2017 was closed vide order dated 21.03.2024, recording the delivery of possession.

5. Challenging the order dated 16.02.2024, the defendant/J.Dr has filed the civil revision petition.

6. On 30.04.2024, considering the submissions of the learned counsel for the petitioner, that the petitioner’s applications I.A.No.179 of 2020 and I.A.No.180 of 2020, filed on 11.02.2016, for setting aside ex parte preliminary decree and for condonation of delay were not decided but the final decree was passed, the orders in execution proceedings were also passed; and conducting the auction in favour of the plaintiff-decree holder also providing the police aid for delivery of possession by breaking open the door, this Court, passed the order inter alia directing the learned Principal District Judge, East Godavari District, to submit the report based on the record. With respect to the issuance of notice to the plaintiff respondent, it was provided that, the same will be considered later on, after receipt of the report.

7. The order in present civil revision petition dated 30.04.2024 reads as under:

“Heard Sri Chandra Sekhar Ilapakurti, learned counsel for the petitioner.

2. Learned counsel for the petitioner submits that the plaintiff/respondent instituted O.S.No.107 of 2015 for recovery of money on mortgage, in which the petitioner was defendant. In the suit a preliminary decree was passed on 22.07.2015 against which the petitioner filed I.A.No.179 of 2020 under Section 5 of limitation Act along with I.A.No.180 of 2020 under Order 9 Rule 13 of CPC for setting aside the exparte preliminary decree. The applications were filed in the year 2016 but numbered in 2020. During the pendency of those app