MALOTH KAMALA Vs. EXIDE INSURANCE COMPANY LTD

JUDGEMENT

(1.) The present Civil Revision Petition is filed aggrieved by the order, dated 10.02.2020, passed in E.A.No.6 of 2020 in E.P.No.2949 of 2019 in O.S.No.220 of 2017 on the file of the Special Sessions Judge for trial of cases under SCs and STs (POA) Act-cum-VII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, whereby the learned Judge allowed the said application filed by the respondents/Judgment Debtors, under Order 21 Rules 26 and 29 of C.P.C.

(2.) Brief facts of the case are as under:

(3.) The petitioner/plaintiff/D.Hr filed O.S.No.220 of 2017 before the Agent to Government and District Magistrate, Bhadradri Kothagudem, against the respondents/defendants/J.Drs for recovery of an amount of Rs.24,86,000/- with interest and costs. The said suit was decreed ex parte on 30.03.2019. Since the respondents/defendants/ J.Drs. failed to pay the decretal amount, the petitioner/plaintiff/D.Hr. filed E.P.No.2949 of 2019 seeking to attach the bank account of the 2nd defendant/J.Dr in Axis Bank, Begumpet road, Hyderabad Main Branch, for reliazation of the decretal amount. During pendency of the E.P., the respondents herein filed E.A.No.6 of 2020 under Order 21 Rules 26 and 29 read with Section 151 of C.P.C. seeking to grant Stay of all further proceedings in the said E.P., contending that the E.P. was filed basing on the ex parte decree and judgment passed in O.S.No.220 of 2017 and that they have filed I.A.No.183 of 2019 seeking to set aside the ex parte decree and judgment, which was pending before the Agent to the Government and District Magistrate, Bhadradri Kothagudem. It is also contended that though the petition to set aside the ex parte decree and judgment, is pending, taking undue advantage of the ex parte judgment and decree, the petitioner herein filed E.P. seeking attachment of movables of the respondents herein and the said E.P. was posted on 26.12.2019 for appearance of the respondents herein and thereafter, the petitioner/D.Hr came to the office of the 3rd respondent herein along with the Bailiff with warrant of attachment and that the respondents herein have constrained to obstruct the execution of the warrant on 27.01.2020 by furnishing a letter and notice issued by the Agent to the Government and District Magistrate, Bhadradri Kothagudem, informing the pendency of I.A.No.183 of 2019 and also W.P.No.29260 of 2019, which was filed by the respondents herein to fix up the date of hearing in I.A.No.183 of 2019.