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Special Courts for Trial and Disposal of Commercial Disputes, Andhra Pradesh
Case No : CEP - 29/2022
Diary No : 3653605001842022
Arvind Reddy Kumbham VS Rammohan Vedantham
Listing Date : 04/11/2022
Date 04/11/2022   Court No. 1
Proceedings Summery The court has taken objection that the property sought for to be attached is not standing in the name of the JDR and it is represented by the counsel for the DHR that after demise of his father. The DHR has file the E.C. for the property already attached and also the copies of the affidavit given by the siblings of the HDR who declared that they have no right in the CEP schedule mentioned property. Prima facie the DHR could establish that the CEP schedule mentioned property belongs to the JDR and his father is no more. The DHR also filed the EC to show that the property ordered to be attached by this court in execution of the decree in other proceedings was sold away by the JDR. The DHR is being through in such a situation where he will not be able to execute the decree. The counsel for DH?R contends that the JDR has been deliberately taking steps to see that the decree shall not be executed . Counsel for the DHR relied upon the judgment in Rahul S.Shah Vs. J.K. Gandhi (2021) 6 S.C.C. 418 in which the Hon’ble S.C. gave a number of guidelines for expeditious execution of the decrees. Having considered all the above facts I deem it necessary to register the CEP . Register the C.E.P. Attach the CEP schedule mentioned immovable property. For the report of bailiff call on 05.12.2022 Stage Of Case Further Consideration