HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.5318 of 2013 Date:07.08.2014 Between: E.Sudharshan Reddy, S/o E.Ramachandra Reddy . Petitioner And:
M.Narayana Das, S/o Late Laxmi Narsaiah . Respondent Counsel for the Petitioner: Sri J.Venudhar Reddy Counsel for the Respondent: Sri P.V.Narayana Rao Counsel for Respondent No.2: Sri A.Ushi Reddy The Court made the following:
ORDER:
This Civil Revision Petition arises out of docket order, dated 13.11.2013 in E.A.No.32 of 2013 in E.P.No.15 of 2012 in O.S.No.525 of 2010 on the file of the learned II Additional District Judge, Ranga Reddy District.
The petitioner suffered an ex parte decree in the above-mentioned suit. He has filed an application under Order IX Rule 13 of the Code of Civil Procedure (for short ‘CPC’) for setting aside the ex parte decree and that the said application is pending along with the application filed for condonation of delay in filing the same. While so, the petitioner filed E.A.No.32 of 2013 purportedly under Order XXI Rule 26 CPC for staying the proceedings of attaching his house property.
The lower Court by the order impugned in this Civil Revision Petition dismissed the said application on the ground that the said provision has no application.
The provisions of Order XXI Rule 26 CPC apply to cases where the decrees are transferred/transmitted for execution to a Court which has not passed the decree. Admittedly, it is the learned II Additional District Judge, before whom the petitioner has filed E.A.No.32 of 2013, that has passed the decree. Therefore, the lower Court has rightly held that the said E.A before it is not maintainable.
In this view of the matter, I do not find any error, jurisdictional or otherwise, in the order of the lower Court.
Accordingly, the Civil Revision Petition is dismissed, however, without prejudice to the petitioner’s right to pursue the applications filed by him for condonation of delay and setting aside the ex parte decree.
As a sequel to dismissal of the Civil Revision Petition, CRPMP.No.7386 of 2013 is dismissed as infructuous.
07th August, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY