HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 1596 of 2013 Dated: 24.04.2014 Between:
Y. Narayanappa …..Petitioner And S.N.Krishna Murthy ....Respondent The Court made the following :
HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 1596 of 2013 ORDER :
In this civil revision petition, the petitioner challenged the order dated 15.03.2013 passed by the Junior Civil Judge, Madakasira in E.A.No.20 of 2013 in E.P.No.20 of 2012 arising out of O.S.No.61 of 2006, whereby the petition filed by the petitioner under Order XXI Rule 106 C.P.C. for setting aside the ex parte order, dated 12.10.2012, was dismissed.
2. Learned counsel for the petitioner submits that when the matter has come up for final hearing before the Executing Court on 12.10.2012, the petitioner-Judgment Debtor was not present and an ex parte order was passed. Thereafter, the petitioner filed the present application for setting aside the ex parte order dated 12.10.2012 and the same was dismissed by the impugned order dated 15.03.2013. He further submits that the petitioner-Judgment Debtor was absent before Executing Court only on one occasion and therefore, the impugned order may be set aside.
3. The prayer of the learned counsel for the petitioner has been vehemently opposed by the learned counsel appearing on behalf of the respondent. He submits that on one or the other pretext, the petitioner has been delaying the matter.
4. After hearing the counsel for the parties, I am of the considered opinion that since the petitioner has not appeared before the Executing Court only on one occasion, it is not the case where he has been habitually not appearing dragging the proceedings. The impugned order dated 15.03.2013 is set aside, subject to the condition of the petitioner appearing before the Executing Court on 06.06.2014, the date on which the case is posted, and paying costs of Rs.2,000/- (Rupees two thousand only) to the Decree Holder-respondent.
5. With the above direction, the civil revision petition is disposed of. No order as to costs.
6. As a sequel, Miscellaneous Petitions, if any, pending in this civil revision petition shall stand closed.
ASHUTOSH MOHUNTA, J 24th April 2014. mar