O R D E R:

This Civil Revision Petition is filed under Section 115 CPC against the order dated 13.06.2022 dismissing the petition in E.P.No.21 of 2021 in O.S.No.1320 of 2016 on the file of the court of II Additional District Judge, Vijayawada filed under Order XXI Rule 11, Clause 1, CPC for attachment of the immovable properties of JDr.2 as per Order XXI Rule 54 CPC for violating the terms of the award of the Lok Adalat and sell the property as per Rules 64 and 66 of Order XXI CPC for realization of the amount due as per the award.

2. E.P.No.21 of 2021 was filed with the averments briefly as follows:

The DHr/plaintiff is represented by her husband. The plaintiff filed the suit for recovery of the amount. The property was attached before judgment in I.A.No.3006 of 2016 in the suit. Apart from this suit, there are other proceedings between the parties and she is represented by her husband in all these proceedings as her GPA. All the disputes between the parties, both at Hyderabad and Vijayawada, were referred to the Lok Adalat and settled. As per the terms of the award dated 07.03.2019 before the Lok Adalat at Kukatpally, Ranga Reddy District, the JDrs have to discharge Rs.50,00,000/- on or before 09.03.2019 through the cheques bearing Nos.000055 and 000056 each for Rs.25,00,000/-. As the JDrs failed to comply the conditions, the DHr filed an application for reopening the award. The petition was returned. The DHr filed a writ petition W.P.No.1317 of 2021 before the High Court of Telangana wherein the DHr was directed to get the relief through the execution proceedings. EA No.4 of 2021 was filed on 06.02.2019 before the original Court for getting it transferred and E.P.No.21 of 2021 was filed on the award/decree being transferred.

3. The petition was filed against JDrs Nos.1 to 4, but the property of the JDr2 is the subject matter in the petition.

4. R-1 and R-2 filed counter with averments briefly as follows: The petition is not maintainable in law or on facts, intended to harass the JDrs and abuse of process of law. The petition is not maintainable for want of mandatory notice under Order XXI, Rule 22 CPC as the award is dated 07.03.2019 and the EP was filed on 23.04.2021 beyond the period of two years. The allegations in the petition are untrue. The petition was filed by the DHr in collusion with her family members, particularly her son, Mukkamala Rajachand. The claim in the suit was settled before the Lok Adalat as per which the cheques bearing Nos.000055 and 000056 each for Rs.25,00,000/- were delivered and realized on 08.03.2019 and 12.03.2019 respectively. In C.C. No.88 of 2018 on the file of Court of I Additional Chief Metropolitan Magistrate, Vijayawada, the evidence of the husband of DHr was recorded that all claims in several suits and the other proceedings between the JDrs, the DHr, her son and the other family members and their associates were settled for total amount of Rs.1,30,00,000/- and initially cash of Rs.5,00,000/- out of the total amount agreed was paid and the balance amount of Rs.1,25,00,000/- was to be paid through the cheques (issued) bearing Nos.000053; 000054; 000055; 000056; 000057; 000058 which were recorded and the cheques bearing Nos.000055, 000056 and 000057 each for Rs.25,00,000/- issued in the name of the son of the DHr were encashed on 08.03.2019, 12.03.2019 and 27.03.2019 respectively, however the decree is sought to be executed suppressing the realization of the amount in the cheques bearing Nos.000055 and 000056 relating to the award in this execution petition. Since the entire amount of Rs.1,30,00,000/- towards the settlement was paid by the JDrs, the accused was acquitted in CC No.88 of 2018 was dismissed by order dt.30.04.2019, and the complaint in CC No.583 of 2016 on the file of the Court of Chief Metropolitan Magistrate, Vijayawada was dismissed on 29.03.2019. O.S. No.277 of 2017 on the file of XII Additional District Judge, Vijayawada filed by the son of the DHr was also part of the comp