APHC010604882008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

FRIDAY,THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 2993/2008 Between:

Menta Harinath and others ...PETITIONER AND Nagasuri Rajeswari and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. V SUDHAKAR REDDY Counsel for the Respondent(S):

1. V S R MURTHY

2. SREENIVASA RAO VELIVELA The Court made the following:

THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION No.2993 OF 2008

ORDER :

1. The 1^st respondent has filed IP.No.1 of 1998 against the petitioner and others seeking to declare that the petitioner as insolvent for not discharging the due payable to the 1^st respondent. The learned Senior Civil Judge, Kavali vide order dated 29.01.2002, allowed the IP.No.1 of 1998 and the petitioner was declared as insolvent. Aggrieved thereby the the petitioner preferred an Appeal Suit vide AS.No.43 of 2002.

2. The learned counsel appearing for the petitioner submits that during the pendency of the insolvency proceedings, the 1^st respondent had initiated OS.No.46 of 2000 which was decreed on 05.03.2002 for a sum of Rs.71,414.60 ps. The Appeal Suit in AS.No.43 of 2002 was partly allowed, however, the declaration of petitioner as insolvent was undisturbed. Challenging the said order, the petitioner filed the present Civil Revision Petition. It is submitted that this Court, vide order dated 27.08.2008 granted stay of the judgment and decree dated 15.02.2008 passed in AS.No.43 of 2002, subject to the petitioner depositing half of the decretal amount within four weeks. The learned counsel has placed on record the copy of the challan dated 13.08.2008 evidencing the deposit of Rs.38,000/-. The learned counsel for the petitioner submits that the petitioner was willing to deposit the balance amount. During pendency of the proceedings, the petitioner passed away and his legal heirs have expressed their willingness to pay the remaining amount for disposal of the Civil Revision Petition. It is also also brought to the notice of this Court that during the pendency of the prsent Civil Revision Petition, the the 1^st respondent also passed away and his legal representatives have been brought on record.

3. Considering the above submissions, this Court is inclined to allow the Civil Revision Petition, subject to the legal heirs of the petitioner depositing the balance decretal amount payable to the surviving legal representatives of the 1^st respondent before the Court. Accordingly, the legal heirs of the petitioner shall deposit the amount due payable in terms of the decree passed in OS.No.46 of 2000 within a period of eight (8) weeks from the date of receipt of this order. Upon such compliance, the Civil Revision Petition shall stand allowed. It is needless to state in the event of failure to deposit the balance amount within the stipulated time, the order passed in AS.No.43 of 2002 shall stand restored.

4. Accordingly, the Civil Revision Petition is allowed. There shall be nor order as to costs.

As a sequel, miscellaneous applications, pending, if any, shall stand closed.

____________________ JUSTICE HARINATH.N KGM

259 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION No.2993 OF 2008 Dated 12.12.2025 KGM