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Shaher yar   28 July 2025

Execution petition

Greetings.. please help 

My Client A is a partner in a firm and gave 6 lakh cheque to his partner B related to business transaction. 

Cheque was dishonored.  Order 37 suit filed by B and suit decreed.  My Client challenged suit in High Court . High court gave conditional leave to defend and directed my Client to deposit 2 lakh and defend the suit . 

My Client neither paid 2 lakh nor defended . Civil court issued summons , warrants . In the meanwhile My Client gave his car in lieu of money and executed transfer of car in favour of B . However, B filed execution in civil court . Civil court is saying A has to pay 2 lakh to defend suit citing HC order . My contention is execution is not maintainable as decree is executed and B has Recieved Car in lieu of money . However, Civil court judgement is adamant that either pay the money or get an order from HC . 

How to proceed further in the matter? Kindly assist



 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     28 July 2025

1 Like

Shaher yar   28 July 2025

Thank you for your valuable advice.  

In case I have to approach High Court , what will be best course of action for me? 

Do I have to file revision petition? 


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