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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA
Transcom DMCC, DUBAI, UAE, DUBAI, UAE, Rep. By Its Gpa Holder, Mohammed Nasir Ahmed – Appellant
Versus
K.P.R. Agrochem Limited, Biccavolu, rep. by its Managing Director, K. Rajashekar Reddy – Respondent
ORDER :
V. SUJATHA, J.
Civil Revision Petition No.1212 of 2025 is filed by the petitioner-Decree Holder under Section 115 of Code of Civil Procedure (for short "C.P.C.") challenging the order dated 03.02.2025 passed in E.A.No.1 of 2025 in E.P.No.21 of 2020 in CFI No.24 of 2019 by the Additional Sessions Judge, Ramachandrapuram, whereby, the Executing Court allowed the said application filed Under Section 47 of C.P.C. holding that the decree passed by the Dubai International Financial Centre Courts in CFI No.24 of 2019 dated 05.09.2019 and re-issued on 29.03.2020 is not maintainable and un-executable.
2) Civil Revision Petition No.1206 of 2025 is filed by the petitioner-Decree Holder under Section 115 of C.P.C. challenging the order dated 03.02.2025 passed in E.P.No.21 of 2020 in CFI No.24 of 2019 by the Additional Sessions Judge, Ramachandrapuram, whereby, the Executing Court raised the attachment order of Execution Petition schedule properties effected on 04.02.2021.
3) Since the petitioner and the respondent in both the revision petitions are one and the same and the issue involved in these revisions is identical, I find that it is appropriate to decide these revision petitions b
The executing court cannot revisit its own prior decisions unless new evidence emerges; principles of res judicata prevent re-litigation of settled matters.
The execution of foreign decrees from reciprocating territories requires a swift process; however, exceptional circumstances may necessitate the framing of issues and consideration of evidence in det....
The executing court cannot go behind the decree unless it is a nullity, and re-agitating objections already dismissed in a previous petition would amount to an abuse of process of law.
The court emphasized the limited grounds on which a decree is unexecutable and highlighted that the right of the Decree Holder to obtain relief is determined in accordance with the terms of the decre....
(1) Inordinate delay in execution of decree - Pure civil matters take a long time to be decided and it does not end with a decision, as execution of a decree is an entirely new phase in long life of ....
Power of review can be exercised for correction of a mistake but not to substitute a view. Such powers can be exercised within the limits of the statute dealing with the exercise of power.
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