Telangana High Court

CRP/3874/2010 of Shaik Jaina Bibi, Vs Kinjarapu Chalapathi Rao Naidu, on 31 December 2010

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.3874 of 2010 Between: Shaik Jaina Bibi ..... Petitioner AND Kinjarapu

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TEN

PRESENT

THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY

CIVIL REVISION PETITION No.3874 of 2010

Between:

Shaik Jaina Bibi

..... Petitioner

AND

Kinjarapu Chalapathi Rao Naidu

.....Respondent

Counsel for the petitioner: None

Counsel for the respondent: None

The Court made the following :

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ORDER:

THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY

CIVIL REVISION PETITION No.3874 of 2010

This Civil Revision Petition arises out of order dated 02.08.2010 inE.P.No.50 of 2004 in O.S.No.69 of 2002 on the file of the learned PrincipalSenior Civil Judge, Srikakulam.

When this case came up on 03.09.2010, Sri B. Sai KalyanChakravarthi, learned counsel for the petitioner, has made a statement that bythe next date of hearing his client will file an unconditional undertaking to paythe entire principal amount along with interest accrued till that date within sixweeks. Accordingly, the petitioner has filed her affidavit dated 08.09.2010, wherein it is inter alia stated as under:

“It is submitted that I find the above CRP before this Honourable Courtaggrieved by orders of proclamation of sale in E.P.No.50 of 2004 inO.S.No.69 of 2002 on the file of the Principal Senior Civil Judge, Srikakulamand in the said E.P. an amount of Rs.2,71,200/- was already deposited andduring the course of hearing, it has been submitted that I will deposit thebalance of decretal amount along with interest and costs within a period of sixweeks and this Honourable Court was pleased to direct me to file anundertaking affidavit to that extent. Hence, I am filing this undertakingaffidavit unconditionally that I will deposit the balance of decretal amount withinterest and costs within a period of six weeks.”

The above reproduced undertaking is placed on record. Since the timerequired by the petitioner for payment of the balance amount has alreadyexpired, the Civil Revision Petition is disposed of accepting the undertakinggiven by the petitioner. If the petitioner failed to pay the balance amount, theorder under revision will stand revived.

As a sequel to disposal of the civil revision petition, CRPMP No.5176 of2010 filed by the petitioner for interim relief is disposed of as infructuous.

C.V.NAGARJUNA REDDY, JDate: 31.12.2010ES

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