T. Jayaram Partnership Firm versus T. Ramachandraiah | Order Dated Tue, 18 Sep 2018

T. Jayaram Partnership Firm versus T. Ramachandraiah - Order No: 1

Case and Order Information

Case Number: EP/74/2015

Parties: T. Jayaram Partnership Firm versus T. Ramachandraiah

Order Number: 1

Filing Date: Fri, 04 Jul 2014

Order Date: Tue, 18 Sep 2018

Order Description: Order

Status: EP

Stage: HEARING

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Order Content

IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE: : TIRUPATHI.

Present: SRI T. RAMACHANDRUDU, Additional Senior Civil Judge, Tirupathi. Tuesday, the Eighteenth (18th) day of September, 2018 Between: M/s. T. Jayaraman, Partnership Firm, rep. , by its Partner Mr. T. Jayaraman, Chennai. … Decree-Holder AND:

    1. Ramachandraiah. 02. T. Narayana. … Judgment-Debtors. This execution petition is coming on 29-08-2018 before me for final hearing in the presence of Sri B. Uday Kumar, Advocate for the Decree Holder aND Sri T. Hari Priya, Advocate for the 1st Judgment Debtor aND Sri T. Sankaraiah, Advocate for 2ND Judgment Debtor; aND upon perusing the material on record aND on hearing the arguments aND having stood over for consideration to this day, this court delivered the following:

O R D E R

This execution petition is filed by the Decree Holder against the Judgment Debtors 1 aND 2 U/Or. XXI, Rules-54, 64 aND 66 of C. P. C. praying the Court to attach the property of the Judgment Debtors 1 aND 2 aND then sell the same for realization of the E. P. amount.

  1. The brief facts of the execution petition affidavit as follows: The Decree-Holder obtained decree on 08-07-2011 against the Judgment Debtors 1 aND 2 aND thereafter, there are no payments from any one of the Judgment Debtor due to the Decree-Holder. The 2ND Judgment Debtor has purchased an extent of Ac. 0. 07 cents, Ac. 0. 53 cents, Ac. 0. 24 cents, Ac. 0. 04 cents, Ac. 0. 18 cents under different survey numbers in

Page No. 2

Guruvarajapalli village accounts under registered sale deeds dated 06-05-1997. Subsequently, he soLd. away the above said properties aND retained an extent of Ac. 0. 07 cents in Sy. No. 50/5, Ac. 0. 53 cents in Sy. No. 58/7 i. e. , item Nos. 1 aND 2 of E. P. schedule properties. Item No. 3 is the joint family property of Judgment Debtors 1 aND 2 aND they are having 1/5th share each aND they mortgaged the same in favour of Vedullacheruvu P. A. C. S. Therefore, the Judgment Debtors 1 aND 2 are having means to discharge the decree debt in one lump-sum, but, willfully neglected to discharge the same. Hence, the execution petition is filed.

  1. The 2ND Judgment Debtor filed counter, which was adopted by the 1st Judgment Debtor aND denying most of the allegations aND further submitted that the 2ND appeal against the decree aND Judgment in S. A. S. R. No. 52695/2012 on the file of Hon'ble High Court of Judicature at Hyderabad is pending aND the present decree is not become final. The Judgment Debtors 1 aND 2 are not having any exclusive right, title, possession over the same aND they are having only a meager share among the joint family members aND it is not possible to split or sell the same. A copy of grounds of appeal in S. A. S. R. No. 52695/2012 on the file of Hon'ble High Court of Judicature is filed. Therefore, the execution petition is liable to be dismissed.
  2. During the course of enquiry, none were examined aND no exhibits were marked on either side.
  3. Heard both sides aND perused the record.
  4. Now, the point for consideration is" *Whether the Decree-Holder is entitled to attach the E. P. schedule properties of Judgment Debtors 1 aND 2 for realization of the E. P. amount? *

Page No. 3

  1. POINT: Admittedly, the Decree-Holder obtained the decree against both the Judgment Debtors on 08-07-2011 aND thereafter, none of the Judgment Debtors did not pay any amount for realization of the decretal amount. The 2ND Judgment Debtor has purchased an extent of Ac. 0. 07 cents, Ac. 0. 53 cents, Ac. 0. 24 cents, Ac. 0. 04 cents, Ac. 0. 18 cents under different survey numbers in Guruvarajapalli village accounts under registered sale deeds dated 06-05-1997. Subsequently, he soLd. away the above said properties aND retained an extent of Ac. 0. 07 cents in Sy. No. 50/5, Ac. 0. 53 cents in Sy. No. 58/7 i. e. , item Nos. 1 aND 2 of E. P. schedule properties. Item No. 3 is the joint family property of Judgment Debtors 1 aND 2 aND they are having 1/5th share each aND they mortgaged the same in favour of Vedullacheruvu P. A. C. S. Therefore, the Judgment Debtors 1 aND 2 are having means to discharge the decree debt in one lump-sum, but, willfully neglected to discharge the same
  2. The contention of the Judgment Debtors in the counter that the 2 ND appeal against the decree aND Judgment in S. A. S. R. No. 52695/2012 on the file of Hon'ble High Court of Judicature at Hyderabad is pending aND the present decree is not become final. The Judgment Debtors 1 aND 2 are not having any exclusive right, title, possession over the same aND they are having only a meager share among the joint family members aND it is not possible to split or sell the same. But, the Judgment Debtors 1 aND 2 have failed to file any final order in S. A. S. R. No. 52695/2012 on the file of Hon'ble High Court of Judicature at Hyderabad. They simply filed a copy of grounds of appeal, which is not having any documentary value in the eye of law.

Page No. 4

  1. In the absence of any order in the grounds of appeal in 2ND appeal as alleged by the Judgment Debtors 1 aND 2, the decree aND Judgment in Appeal Suit No. 446/2009 oin the file of City Civil Court at Chennai is final. On the other haND, the Judgment Debtors 1 aND 2 have admitted in their counter that they are not having any exclusive right, title, possession over the same aND they are having only a meager share among the joint family members aND it is not possible to split or sell the same. Hence, the contention of the Judgment Debtors 1 aND 2 that 2ND appeal is pending, is not tenable aND the decree aND Judgment in Appeal Suit No. 446/2009 on the file of City Civil Court at Chennai is binding on the Judgment Debtors 1 aND 2.
  2. In view of the above reasons aND discussion, I have no hesitation to hoLd. that the Decree-Holder is entitled for attachment of the property of the Judgment Debtors 1 aND 2 for realization of the E. P. amount. Accordingly, the point is answered in favour of the Decree-Holder aND against the Judgment Debtors 1 aND 2.
  3. In the result, the execution petition is allowed. Attach the E. P. schedule property U/Or. 21, Rule-54 of C. P. C. for realization of the E. P. amount, on payment of process, call on 22-10-2018. Typed to my dictation by the Stenographer Grade-II, corrected aND pronounced by me in open Court, this the 18th day of September, 2018.

ADDL. SENIOR CIVIL JUDGE TIRUPATI

APPENDIX OF EVIDENCE -Nil on either side-

ASCJ TPT

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References: Case Number - EP/74/2015 | Case Type - EP | CNR Number - APCH070012842014 | Complex Name - Iii Addl. District Court,, Tirupathi (taluka) | Court Name - 2-smt. A. Sunitha Rani-ADDITIONAL ASSISTANT SESSIONS JUDGE | Filing Date - 04-07-2014 | Judge Name - 2-Additional Assistant Sessions Judge | List Date - 2025-06-16 | Order Date - 2018-09-18 | Order Number - 1 | Petitioner Advocates - Sri B. Udaya Kumar | Petitioner Parties - T. Jayaram Partnership Firm Advocate - Sri B. Udaya Kumar | Respondent Parties - T. Ramachandraiah2) T. Narayana | Status - Ep

Document information last updated: Fri, 29 Aug 2025, 08:32 AM IST