M. SAVITHRI Vs. K. MURAHARI

JUDGEMENT

(1.) This civil revision petition under section 115 Civil P.C. arises out of the order dated 23.02.2018 passed by the learned Additional Junior Civil Judge, Cyberabad at Miyapur, Ranga Reddy District, in E.A.No.4 of 2018 in E.P.No.45 of 2017 in O.S.No.155 of 2016. By the said order, the Court below held that it was just and necessary to grant police aid to the decree-holder to implement the warrant of the Court in order to enjoy the fruits of the decree and accordingly allowed the E.A. as prayed for.

(2.) The petitioner, being the defendant/judgment-debtor in the suit, filed this revision claiming that the ex parte decree dated 26.09.2016 was passed in O.S.No.155 of 2016 by the Court below without her knowledge and thereupon, she filed an I.A. in the suit to set aside the ex parte judgment and decree dated 26.09.2016 along with an application to condone the delay in seeking such relief. She further claimed that she filed an application in the execution proceedings, under Order 21, Rule 26 CPC, seeking stay of execution of the decree in O.S.No.155 of 2016, until disposal of her condone delay application and the application under Order 9, Rule 13 CPC. These applications were yet to be numbered but in the meanwhile, the decreeholder filed E.A.No.4 of 2018 in E.P.No.45 of 2017 praying for police aid to implement the decree.

(3.) Upon hearing arguments, the Court below, while directing the office to register the applications filed by the judgment-debtor and issuing notice thereon to the decree-holder, passed orders on the very same day allowing E.A.No.4 of 2018, granting police aid to implement the decree. This was on 202.2018.