IN THE COURT OF THE PRINCIPAL CIVIL JUDGE, HYDERABAD
I.A. No. 17 / 2025 in O.S. No. 928 / 2023
Mr. Kiran Reddy,
S/o Ramachandra Reddy,
Hindu, aged about 40 years,
Businessman,
R/o 12-34, Jubilee Hills, Hyderabad – 500033.
…Petitioner / Decree Holder in O.S. No. 1042 / 2023
Vs.
Ms. Pooja Verma,
D/o Manoj Verma,
Hindu, aged about 38 years,
Software Engineer,
R/o Flat No. 102, Lotus Residency, Banjara Hills, Hyderabad – 500034.
…Respondent No. 1 / Decree Holder in O.S. No. 928 / 2023
Mr. Rajeev Mehta,
S/o Omprakash Mehta,
Hindu, aged about 45 years,
Self-Employed,
R/o H.No. 5-10-45, Begumpet, Hyderabad – 500016.
…Respondent No. 2 / Judgment Debtor
Petition under Section 73 and 151 of CPC
The petitioner respectfully submits:
That for the reasons stated in the accompanying affidavit, the petitioner prays that this Hon’ble Court may be pleased to order ratable distribution of the sale proceeds lying with this Hon’ble Court, pursuant to the court auction held in E.P. No. 57/2024, arising from O.S. No. 928/2023 on the file of this Court. The petitioner is a decree holder in O.S. No. 1042/2023 against the same Judgment Debtor, and as such is entitled to share in the said proceeds.
It is, therefore, prayed that this Hon’ble Court may be pleased to allow the petition and pass such other orders as it deems fit and proper in the circumstances of the case and in the interest of justice.
Place: Hyderabad
Date: 13.06.2025
Advocate for the Petitioner
IN THE COURT OF THE PRINCIPAL CIVIL JUDGE, HYDERABAD
I.A. No. 17 / 2025 in O.S. No. 928 / 2023
Ms. Pooja Verma
…DHR
Vs.
Mr. Rajeev Mehta
…JDR
Affidavit
I, Mr. Kiran Reddy, S/o Ramachandra Reddy, Hindu, aged about 40 years, businessman, residing at 12-34, Jubilee Hills, Hyderabad – 500033, do hereby solemnly affirm and state as follows:
- I am the petitioner herein and a third party to the E.P. No. 57/2024, and I am fully acquainted with the facts of the case.
- I had filed a civil suit bearing O.S. No. 1042/2023 on the file of the Principal Civil Judge, Hyderabad, against the respondent / JDR Mr. Rajeev Mehta, for recovery of money based on a promissory note. The said suit was decreed in my favour on 15.12.2023.
- Pursuant to the decree, I filed E.P. No. 63/2024 for attachment of the immovable property of the JDR. Meanwhile, the Respondent No. 1 / DHR in this suit also filed E.P. No. 57/2024 for sale of the same property. The property was sold in a court auction on 10.04.2025, and the auction purchaser deposited the sale proceeds in this Hon’ble Court.
- Since I have not yet received satisfaction of my decree and the amount deposited in court is part of the JDR’s assets, I am entitled to ratable distribution of the sale proceeds along with the first respondent.
- I, therefore, humbly pray that this Hon’ble Court may be pleased to allow ratable distribution of the sale proceeds lying with the Court in E.P. No. 57/2024, and pass such other orders as may be just and proper.
Failing which, I will be put to severe and irreparable loss.
Deponent
(Signature)
Solemnly affirmed and signed before me after the contents were read over and explained in Telugu and admitted by the deponent on this the 13th day of June, 2025.
Place: Hyderabad
Date: 13.06.2025
Advocate for the Petitioner