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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI
Boina China Pothu Raju – Appellant
Versus
Meda Naga Sivaji – Respondent
ORDER :
RAVI NATH TILHARI, J.
Heard Sri Ghantasala Udaya Bhaskar, learned counsel for the petitioner.
2. The respondent/plaintiff filed O.S.No.10 of 2008 for recovery of amount against the petitioner/defendant based on the promissory note.
3. In the suit the order of attachment of property was passed in I.A.No.203 of 2008. The suit was finally decreed on 11.02.2010 in the following terms:―
"i) that the defendant do pay to the plaintiff a sum of Rs.1,95,400/- together with interest at the rate of 6% p.a. from the date of suit till the date of realization on the principal amount of Rs.1,50,000/- and
ii) that the defendant do also pay to the plaintiff a sum of Rs.8,228/- towards costs of the suit and do bear his institutional costs of Rs.2-00 (as no bill of costs filed the institutional costs is taxed to the defendant)."
4. The defendant did not comply with the decree. So, the plaintiff/Decree Holder (in short D.Hr) filed E.P.No.48 of 2018 for execution of a decree under Order 21 Rule 64 to 66 CPC by auction of E.P. schedule property. The decree holder filed EA.No.19 of 2024 for making proposed amendments in EP for simultaneous execution of decree by adding the prayer that the defendant/Judg
Amendments to execution petitions may correct defects; simultaneous execution against debtor's person and property allowed under judicial discretion per CPC.
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
The court emphasized strict compliance with section 41 of the Civil Procedure Code for execution certification, asserting that failure to provide necessary documentation leads to limitations on furth....
The executing court cannot revisit its own prior decisions unless new evidence emerges; principles of res judicata prevent re-litigation of settled matters.
Execution/Transfer of Decree - Signature.Transfer of decrees for execution to other Courts is an act of ministerial nature which does not require issuance of any notice to the judgment-debtor before ....
Order 21 Rule 29 CPC applies only when both the execution proceedings and the suit between the decree-holder and judgment debtor are pending before the same Court. Section 151 CPC cannot be used to s....
Arrest of a judgment-debtor for non-payment requires evidence of bad faith or willful neglect, and other execution methods must be considered first.
The period for executing a decree runs from the date of the appellate decree, even when there is an appeal regarding part of the decree.
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