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2022 Supreme(Telangana) 218

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
UJJAL BHUYAN, J.
State Bank of India – Petitioner
Versus
G.P. Veerabhadram (Died) per LRs. Smt. Bhavani Annapurna – Respondent
C.R.P. No. 107 of 2022
Decided On : 21-01-2022

Advocates:
Advocate Appeared:
For the Petitioner: M. Narender Reddy.
For the Respondent: A. Ravi Babu.

Headnote:

Constitution of India,1950 - Article 227 - Andhra Pradesh Cooperative Societies Act, 1964 Sections 61 and 70A - Execution of the award - Allotment of a plot of land in his favour - Veerabhadram was a member of State Bank of India Supervising Staff Co-operative House Building Society Limited - He had applied for allotment of a plot of land in his favour - State Bank of India Supervising Staff Co-operative House Building Society Limited declined to allot such a plot - G.P. Veerabhadram filed a dispute before the Deputy Registrar of Cooperative Societies (Housing), Hyderabad under Section 61 of Andhra Pradesh Cooperative Societies Act, 1964, which was registered as ARC No. 4 of 1993. It was contested by the Society whereafter, the Deputy Registrar passed award holding a member of the Society and therefore he was entitled to a plot of land from amongst the available plots of land – Held, decree holders to file a fresh execution petition by enclosing such a certificate and in the event such an execution petition was filed, the executing Court was directed to entertain and dispose of same on merit - Court below adopted the correct approach and no fault can be found with such an approach - Approach of the learned Court below is certainly a justice oriented approach - Decree holders are yet to enjoy the fruits of the litigation initiated by their father/husband though they had succeeded at each and every stage of the litigation, the date of the award - Court are now in 2022. Almost 28 years have gone by without the decree being executed - Insistence on rules and procedure cannot be at cost of justice. Supreme Court has held time and again that procedure is meant to further the ends of justice and is not a thing designed to trip people up - second objection raised by the petitioner i.e. the genuineness of the certificate is concerned, the same has been gone into by the learned Court below and rejected such objection on the ground that the judgment debtor did not place any material before the Court to discredit the genuineness of the certificate – Writ petition is dismissed

ORDER :

1. Heard Mr. M. Narender Reddy, learned counsel for the revision petitioner.

2. This revision petition has been filed under Article 227 of the Constitution of India, challenging the legality and validity of the order dated 26.11.2021 passed by the learned II Additional Chief Judge, City Civil Court, Hyderabad in E.P. No. 17of 2012 in Arbitration Claim No. 4 of 1993.

3. Relevant facts may be briefly stated.

4. G.P. Veerabhadram was a member of State Bank of India Supervising Staff Co-operative House Building Society Limited, Hyderabad since the year 1987. He had applied for allotment of a plot of land in his favour. But State Bank of India Supervising Staff Co-operative House Building Society Limited (briefly referred to as ‘the Society’ hereinafter) declined to allot such a plot. As a result, G.P. Veerabhadram filed a dispute before the Deputy Registrar of Cooperative Societies (Housing), Hyderabad under Section 61 of the Andhra Pradesh Cooperative Societies Act, 1964, which was registered as ARC No. 4 of 1993. It was contested by the Society whereafter, the Deputy Registrar passed the award dated 28.02.1994 holding that G.P. Veerabhadram was a member of the Society and therefore he was entitled to a plot of land from amongst the available plots of land. Consequently, the Society was directed to allot a plot of land to G.P. Veerabhadram at the same rate at which plots of land were allotted to other members of the Society.

5. Aggrieved by the aforesaid award dated 28.02.1994, the Society preferred an appeal before the Cooperative Tribunal at Hyderabad, which was registered as CTA No. 2 of 1994. By the judgment and order dated 28.11.1995, the Cooperative Tribunal dismissed the appeal. It was specifically held by the Cooperative Tribunal that G.P. Veerabhadram was a member of the Society since 05.01.1981. It was further held that he was entitled to a plot of land at the market rate that was prevailing in that locality as on 05.01.1981.

6. The Society thereafter filed a writ petition before this Court assailing the order of the Cooperative Tribunal affirming the award. The writ petition was registered as W.P. No. 9652 of 1996. By the judgment and order dated 27.11.1996, this Court did not find any ground to interfere and accordingly dismissed the writ petition at the admission stage itself.

7. In the meanwhile, the decree holder - G.P. Veerabhadram expired. Thereafter, his legal heirs i.e. wife, two sons and daughter filed Execution Petition No. 1 of 2008 before the II Additional Chief Judge, City Civil Court, Hyderabad for execution of the award dated 28.02.1994. By the order dated 11.02.2011, Execution Petition No. 1 of 2008 was dismissed on the ground that no certificate issued by the Registrar of Cooperative Societies under Section 70A of the A.P. Cooperative Societies Act, 1964 was filed along with the execution petition. It was held that mere filing copy of the award was not sufficient; the related certificate was required to be filed.

8. Aggrieved by the above order dated 11.02.2011, the decree holders (legal heirs of late G.P. Veerabhadram) filed Civil Revision Petition before this Court, which was registered as C.R.P. No. 3663 of 2011. By the order dated 19.01.2012, this Court held that filing of certificate along with the execution petition was a necessary requirement under Section 70A of the A.P. Cooperative Societies Act, 1964. Execution petitioners had failed to file such a certificate. Therefore, learned Court below had rightly dismissed the execution petition. As such, this Court declined to interfere with the order dated 11.02.2011. However, liberty was granted to the execution petitioners to file a fresh execution petition by enclosing such a certificate. It was clarified that if such an execution petition was filed, Court below should entertain and dispose of the same on merit after allowing the respondent to contest the execution petition on all legally permissible grounds.

9. Thereafter, decree holders filed the

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