Andhra Pradesh High Court - Amravati
P. Hari Babu vs Chamundeswari on 3 January, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CIVIL REVISION PETITION No.3862 of 2019
ORDER:
This civil revision petition is filed under Article 227 of Constitution of India challenging the order dated 04.12.2019 passed in I.A.No.82 of 2019 in A.S.No.66 of 2019 by the I Additional District Judge, Chittoor, whereby the petition filed under Order XLI Rule 5 of Code of Civil Procedure (for short "C.P.C.") was allowed directing the petitioner to deposit half of the E.P. amount and furnish third party security for the remaining half of the E.P. amount without allowing the respondent therein to withdraw the amount.
The petitioner is the defendant before the trial Court having suffered a decree in O.S.No.327 of 2014 preferred A.S.No.66 of 2019 before the District Judge along with application under Order XLI Rule 5 of C.P.C. Admittedly, the decree is money decree for recovery of Rs.3,00,000/- together with interest and costs and the trial Court decreed the suit for Rs.4,11,062/- and costs in Execution Petition is Rs.5,357/-. During pendency of E.P.No.44 of 2019, the stay petition was disposed of by the appellate Court with a direction to deposit half of the E.P. amount and furnish third party security for the remaining half of the E.P. amount by relying on "S.Lakshmireddy v. Gutha Sanjeevamma1" and "Shaw Wallace and Co. Ltd. v. Nepal Food Corporation and another2".
1 2005 (4) ALT 242 2 (1991) 1 CalLT 233 MSM,J crp_3862_2019 2 The appellate Court admitted the appeal and decided to hear the petition filed under Order XLI Rule 12 of C.P.C. and passed the impugned order basing on the A.P.Amendment to Order XLI Rule 5 of C.P.C., which is similar to Madras amendment. In terms of the Madras amendment, the Court can impose such terms and conditions as it may deem fit. Therefore, the Court can impose such conditions. Accordingly, the appellate Court while disposing of the application filed under Order XLI Rule 5 of C.P.C. imposed such condition. But the condition imposed by the appellate Court appears to be harsh. Therefore, the order is modified and the same is as follows:
"The petitioner is directed to deposit 1/3rd of the E.P. amount together with costs and furnish third party security for the remaining E.P. amount within one month from today and on such deposit, the respondent is permitted to withdraw the costs of the suit."
With the above modification, the civil revision petition is disposed of. No costs.
The miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 03.01.2020 Note:
Issue C.C. by 08.01.2020.
B/o Ksp