MEDICITI HOSPITAL Vs. DR.D. PRASADA RAO

JUDGEMENT

(1.) Heard Mr.A.Venkatesh, learned counsel for the petitioner.

(2.) This revision petition has been filed under Article 227 of the Constitution of India against the order dtd. 27/4/2021 passed by the court of Additional Metropolitan Sessions Judge, Nampally, Hyderabad in E.A.No.1 of 2021 arising out of E.P.No.2 of 2018.

(3.) Dr.D.Prasada Rao, as the plaintiff, had filed O.S.No.197 of 1998 wherein Share Medical Care and the petitioner/Mediciti Hospital were arrayed as defendants. The suit was decreed by judgment and order dtd. 23/3/2006. Unfortunately, a copy of the judgment and order has not been annexed to the revision petition. On a query by the court, learned counsel for the petitioner, who is the judgment debtor, submits that it was a money decree. From the materials on record, it is seen that the suit was decreed by directing defendant Nos.1 and 2 to pay a sum of Rs.29,25,657.00 together with interest @ 12% per annum from the date of filing the suit till the realization of the amount. Plaintiff, as the decree holder, initiated execution proceedings being E.P.No.2 of 2018. In the execution proceedings, though learned counsel for the judgment debtor No.2 was present, counter was not filed. Therefore, the executing court passed an order on 20/9/2019 ordering closure of filing of counter and calling the decree holder to tender evidence on 27/9/2019.