Civil revision petition filed by a judgment debtor against the dismissal of his application for a stay on execution proceedings. The High Court found no justifiable reason to interfere and dismissed the petition.
Civil revision petition dismissed. No costs awarded.
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THE HON'BLE Ms. JUSTICE G.ROHINI
CIVIL REVISION PETITION No. 2435 OF 2010
Dated: 19.10.2010
Between: Golla Krishna Mohan ..... PETITIONER AND Guddeti Radha Rani .....RESPONDENT The Court made the following :
THE HON'BLE Ms. JUSTICE G.ROHINI
CIVIL REVISION PETITION No. 2435 OF 2010
ORDER :
This revision petition is directed against the order dated 15.03.2010 in E.A.No.1743 of 2009 in E.P.No.412 of 2008 in O.S.No.733 of 2007 on the file of the Court of the Principal Junior Civil Judge, Ananthapur.
The revision petitioner is the defendant in O.S.No.733 of 2007 filed by the respondent herein for recovery of money. The suit was decreed ex parte and thereafter, the decree holder/respondent herein filed E.P.No.412 of 2008 for arrest of the judgment debtor/revision petitioner. As the judgment debtor/revision petitioner was not present even in the execution proceedings, he was set ex parte and by order dated 06.02.2009, the Court below issued arrest warrant. Long thereafter in August 2009, the revision petitioner/judgment debtor filed E.A.No.1743 of 2009 under Order 21 Rule 26 of C.P.C. with a prayer to stay the proceedings in E.P. The said application was dismissed by the Court below by order dated 15.03.2010. Aggrieved by the same, the present civil revision petition is filed by the judgment debtor.
Having heard the learned counsel for the petitioner and having perused the material available on record, I do not find any justifiable reason to interfere with the order under revision. As rightly held by the Court below, no valid grounds could be shown by the revision petitioner to stay the execution proceedings.
Accordingly, the civil revision petition is dismissed. No costs.
Date: 19.10.2010 G. ROHINI, J Ivd
2 issues framed by the court
Whether the civil revision petition should be allowed to interfere with the order dismissing the stay application in execution proceedings.
Whether valid grounds were shown by the revision petitioner to stay the execution proceedings.
1 provisions across 1 enactments
Golla Krishna Mohan
Guddeti Radha Rani
G. Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
