Disposed

Chittor Subramanyam v. Ragulapalli Manohar (Died)

Andhra Pradesh HC4 Jan 2024CRP/2559/2023

Case brief

AI extract

What is this about?

The High Court disposed of a civil revision petition challenging an arrest order in execution proceedings. Instead of quashing the order, the court directed the petitioner to pay monthly installments of Rs. 10,000 to clear the decretal amount, granting respondents liberty to withdraw it without security.

What did the court decide?

Petitioner directed to pay Rs. 10,000 monthly to clear decretal amount; respondents granted liberty to withdraw payment without furnishing security.

Chittor Subramanyam Vs Ragulapalli Manohar… — Execution and Attachment | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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FRIDAY ,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO

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CIVIL REVISION PETITION NO: 2559 OF 2023

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Petition under Section 115 of C.P.C aggrieved by orders^{dt.28.08.2023in} E.P.No.46/2019 in O.S.No.364/2014 on the file of Addl. Senior Civil Judge, Tirupathi.

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Between:

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Chittor Subramanyam, S/o. late Munaswamy, Aged about 53 years, R/o. D.No.8-1-87 and 88, Chinna Bazaar Street, Tirupathi ...PETITIONER/JDR No.1

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AND

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Ragulapalli Manohar (Died), S/o. Ramaiah Naidu, 2. R. Lakshmi kantamma, W/o. late R.Manohar, Aged about 63 years. Housewife,

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Ramapuram Leelavathi, D/o.late R.Manohar, Aged about 45 years, 4. K. Pushpavathi, D/o. late R. Manohar, Aged about 43 years, 5. R. Ravindranath Tagore, S/o. late R. Manohar, Aged about 35 years DHRs 2 to 5 are residents of D.No.19-3-1/B/4, Postal Colony, behind BMC Kalyana Mandapam, Near Rajeswari Temple, Renigunta Road, Tirupathi,^Chittoor District. _ . ...Respondents/DHRs

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Chittor Venkata Lakshmi, W/ o. Chittor Subramanyam Aged about 40 years R/o. D.No.8-1-87 & 88, Chinna Bazaar Street, Tirupathi.

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...Respondent/2 nd JDR

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lA NO: 1 OF 2023

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• th Section 151 CPC praying that in the circumstances^stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Orders dt.28.08.2023 passed in E.P.No.46/2019 in O.S.No.364 / 2014 on the file of Addl. Senior Civil Judge, Tirupathi.

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Counsel for the Petitioner: SRI. C SUBODH

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Counsel for the Respondents: SRI J KRISHNA PRANEETH

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The Court made the following:

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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CIVIL REVISION PETITION No.2559 of 2023

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ORDER;

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The petitioners herein had suffered a decree in O.S.No.364 of 2014 on the file of Additional Senior Civil Judge, Tirupathi for payment of Rs.3,50,000/- along with interest. E.P.No.46^of2019 was filed by the respondents herein. In the said Execution Petition, the Executing Court, by an order 28.08.2023 had directed the arrest of the l^t petitioner in the event of the decretal amount not being cleared by 06.09.2023, after deduction of the amounts already paid.

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Aggrieved by the said order, the petitioner had approached this Court contending that they are not having means to clear the amount. 3.! Heard Sri C. Subodh, learned counsel for the 1 petitioner and Sri J. Praneeth, learned counsel for the respondents.

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The order of the Executing Court clearly demonstrates that this is not a case of inability to pay debt, it appears more a case where the l^t petitioner needs^time for clearing the decretal amount.

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Learned counsel on both sides agree that the revision petition may be disposed of with a direction to the petitioner to clear the decretal amount by paying a monthly installment of Rs. 10,000/per month till the said decretal amount is cleared. The said amount to be deposited^intothe Executing Court every month and liberty may be granted^tothe respondents to withdraw the same without any security being offered.

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Accordingly, this Civil Revision Petition is disposed of with a direction to the petitioner to clear the^decretal amount by paying a monthly installment of Rs. 10,000/- per^month till the said decretal amount is cleared and the respondents^areat liberty to withdraw the same without any security being^offered.

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There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any,^shall

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stand closed.

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Sd/- K J RAJA BABU ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

The Additional Senior Civil Judge at Tiruapthi.

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One CC to Sri. C Subodh, Advocate [OPUC]

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One CC to Sri. J Krishna Praneeth, Advocate [OPUC]

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The Section Officer, V.R Section, High Court of^{AndhraPradeshatAmaravati.} 5. Three CD Copies vna

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HIGH COURT DATED:05/01/2024

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ORDER

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CRP.No,2559 of 2023

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DISPOSING OF THE CRP WITHOUT COSTS

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Chittor Subramanyam v. Ragulapalli Manohar (Died)

Case brief

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What did the court decide?

Chittor Subramanyam v. Ragulapalli Manohar (Died)

Case brief

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