G.Vidyasagar Reddy versus B.Rajender Goud | Order Dated Tue, 03 Dec 2024

G.Vidyasagar Reddy versus B.Rajender Goud - Order No: 1

Case and Order Information

Case Number: EP/922/2023

Parties: G.Vidyasagar Reddy versus B.Rajender Goud

Order Number: 1

Filing Date: Thu, 13 Apr 2023

Order Date: Tue, 03 Dec 2024

Order Description: Orders

Status: EP

Stage: ATTACHMENT

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Order Content

IN THE COURT OF THE III ADDITIONAL CHIEF JUDGE, CITY CIVIL COURT AT HYDERABAD

**Tuesday, this the 3rd day of December, 2024. **

PRESENT: **Sri Bakaraju Srinivas Rao, III Additional Chief Judge, City Civil Court, Hyderabad. **

E. P. No. 922 of 2023 in O. S. NO. 339 of 2014

**Between: **

      1. Vidyasagar Reddy S/o G. Venkat Reddy, aged about: 48 years, Owner of Hostel, R/o. H. No. 2256/A, Rathnagar, Amberpet, Ramanthapur, Hyderabad500 013.
      1. Dayakar S/o. Chinna Rajyam, Aged about 58 years, Occ: Business, R/o. H. No. 31187, Ganeshnagar, Ramanthapur, Amberpet, Hyderabad,
      1. Srinivas S/o. J. Chandramouli, aged about 56 years, Occ: Business, R/o. Parsiguda, near Petrol bunk, Kachiguda, Hyderabad, …Decree Holders. AND
  1. Rajender Goud S/o. Late B. Lakshmidas, Aged about 62 years. , Occ: Business, R/o H. No. 162754/A/A, Gaddi Annaram, Dilsukhnagar, Hyderabad. …Judgment Debtor. This Execution Application came up before me on 26092024 for final hearing in the presence of Sri M. Krishna Rao, Advocate for the Decree holders aND of **Sri Ravulapati Sreenivasa Rao, ** Advocate for Judgment Debtor, aND the matter having stood over for consideration, till this day, this court delivered the following:

**: : O R D E R: : **

  1. The Decree Holders filed the present E. P against the Judgment Debtor for enforcing the decree in O. S. No. 330 of 2014 against the Judgment Debtor for Rs. 9, 0, 000/ with interest of 6% per annum from the date of Suit i. e. , 21042014 till realization of amount of costs of Rs. 25, 326/ aND interest of Rs. 5, 05, 870/, total amount of Rs. 14, 81, 826/ aND sought for attaching the movables in the presence of Judgment Debtor at H. No. 162754/A/A, Gaddi Annaram, Dilsukh Nagar, Hyderabad.
  2. The contents of the affidavit filed with the petition are that Judgment Debtor is absolute owner aND possessor of H. No. 162754/A/A, Gaddi Annaram, Dilsukhnagar who approached Decree Holders with a promise to construct additional floors over the premises for running a Hostel. Decree Holder advanced Rs. 20, 00, 000/ as advance rent on 18052013 for proceeding with construction aND Judgment Debtor entered into lease agreement on 23112013 with Decree Holders aND further Rs. 1, 50, 000/ was advanced to them to complete the construction. But contrarily, Judgment Debtor did not perform his part of contract aND Decree Holder filed O. S. No. 339/2014 for recovery of amount with interest aND trial court was pleased to decree the Suit in favour of Decree Holders on 28012020. The Judgment Debtor did not prefer any appeal against the said Judgment aND Decree aND there is no stay over operation of decree aND since Judgment Debtor is not repaying the amount as per the decree, he filed this E. P seeking to attach his movables in his premises.
  3. The Judgment Debtor filed counter by denying all the allegations regarding evidence of the Suit aND calculations in the E. P aND stated that Decree Holders have to prove the contents regarding payments for settlement of cheque bounce cases. He stated that this E. P is not maintainable aND prayed to dismiss the E. P.
  4. Heard both the Decree Holders counsel aND Judgment Debtor was not ready, as such, E. P was reserved by giving option to Judgment Debtor to submit his arguments. But he did not turn up.
  5. Now the point for determination is: Whether the Decree Holders are entitled to attach the properties available in the house of Judgment Debtor in these circumstances?
  1. **POINT: ** It is the contention of the Decree Holder that Judgment Debtor promised to construct additional floors over the house of Decree Holder at 162754/A/A, Gaddiannaram for running hostel aND Decree Holder advanced Rs. 20, 00, 000/ aND Rs. 1, 50, 000/. Since Judgment Debtor did not perform his duty, as such, they have filed O. S. No. 339/2014 against Judgment Debtor for recovery of amount with interest which was decreed aND no appeal is filed by Judgment Debtor
  1. On perusal of records, it is seen that O. S. No. 339/2014 filed by the Decre Holders is decreed on 28012020 by this court awarding amount of Rs. 9, 50, 000/ in favour of Plaintiffs with interest of 6% per annum from the date of filing Suit till date of realization aND costs of Rs. 56, 628/ aND Suit was partly decreed. It is important to see that though Judgment Debtor contended in the counter that before filing E. P, Decree Holders received entire amount from Judgment Debtor, but he did not place any such documentary evidence before the court. It is seen that as per interest calculation memo, the interest accrued from 21042014 till date of filing E. P on 27032023 is Rs. 5, 05, 870/.
  1. It is seen that the Decree Holders are seeking to attach Three Refrigerators, Two computers, Two Televisions, Ten Steel Almirahs, Fifty Steel cots aND Kitchen furniture lying in the premises on 162754/A/A, Gaddiannaram, Dilsukh Nagar for sale to realize amount of decree. As already discussed, the Judgment Debtor did not prefer any appeal against the Judgment aND Decree of the Court aND did not file any proof to show that he has paid the entire amount in favour of Decree Holders aND did not file any document to show that calculation of Decree Holders is wrong. Therefore, in these circumstances, the Decree holders are said to have made prima facie case in their favour for seeking attachment of movables of Judgment Debtor mentioned in the schedule of E. P aND this E. P is entitled to be ordered for attachment of movables as prayed for. Point is determined accordingly.
  2. In the result, the present E. P of the DecreeHolders be, aND the same do be hereby allowed by passing Orders of Attachment on payment of process to attach the movables lying in the premises on 162754/A/A, Gaddi Annaram, Dilsukh Nagar, Hyderabad in enforcing the decree in O. S. No. 339 of 2014 aND the Decree Holders are entitled to attach the following movables mentioned in the E. P schedule i. e. , (3) Refrigerators, (2) Computes, (2) Televisions, (10) Steel Almirahs, (20) Ceiling Fans, (50) Steel Cots aND kitchen furniture for effecting of attachment aND for filing of report, call on 31122024. Dictated to the Stenographer, transcribed aND typed by her, corrected aND pronounced by me in open Court, on this the 3rd day of December, 2024.

Sd/ **III ADDITIONAL CHIEF JUDGE, CITY CIVIL COURT: HYDERABAD. **

APPENDIX OF EVIDENCE WITNESSES EXAMINED

**For Decree Holders: For Judgment Debtor: ** None

EXHIBITS MARKED

**For Decree Holders: For Judgment Debtor: ** Nil Sd/ **III ADDITIONAL CHIEF JUDGE, CITY CIVIL COURT: HYDERABAD. **

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References: Case Number - EP/922/2023 | Case Type - EP | CNR Number - TSHC010018232023 | Complex Name - Hyd, City Civil Court Complex | Court Name - 4-sri. Bakaraju SRINIVAS RAO-III ADDITIONAL CHIEF JUDGE | Filing Date - 13-04-2023 | Judge Name - 4-Iii Additional Chief Judge | List Date - 2025-06-09 | Order Date - 2024-12-03 | Order Number - 1 | Petitioner Advocates - M.Krishna Rao | Petitioner Parties - G.Vidyasagar Reddy Advocate - M.Krishna Rao | Respondent Parties - B.Rajender Goud | Status - Ep

Document information last updated: Fri, 01 Aug 2025, 06:34 AM IST