Chittibomma Venkateswara Rao, Vs M/s. Shriram Chits Pvt.Ltd.

THE HONOURABLE SRI JUSTICE RAJA ELANGO

CIVIL REVISION PETITION No.100 of 2012

ORDER :

Petitioners-J.Dr.Nos.3 and 4 preferred the present Civil Revision Petition under Section 115 of the Code of Civil Procedure being aggrieved over the order dated 10.11.2011 passed in E.P.No.12 of 2011 in O.S.No.3895 of 2004 by the II Additional Junior Civil Judge, Vijayawada.

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Heard.

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First respondent-decree holder filed the impugned application under Order XXI Rule 11 of the Code of Civil Procedure read with Rule 131 (2) of Civil Rules of Practice seeking issuance of arrest warrants to the petitioners after issuance of notice for realizing the decretal amount in O.S.No.3895 of 2004, which was allowed by the Executing Court vide impugned order. Challenging the same, present revision has been preferred.

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In view of the arguments advanced by the counsel on either side, without going into the merits of the impugned order, the present revision petition is disposed of with the following directions:

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1) petitioners herein shall file an affidavit before the Executing Court undertaking to pay an amount of Rs.1,500/- each on or before 10^th of every calendar month till realization of decretal amount commencing from the month of July, 2012,

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2) on filing of such application, the execution of impugned order be stayed, and

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3) if the petitioners fail to pay the amounts as stated by them in the affidavit, the first respondent-decree holder is at liberty to get the impugned order executed.

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There shall be no order as to costs.

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Miscellaneous petitions filed in this revision, if any, shall stand closed.

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JUSTICE RAJA ELANGO

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Dated 11^th June, 2012 sur

Chittibomma Venkateswara Rao, v. M/s. Shriram Chits Pvt.Ltd.

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Chittibomma Venkateswara Rao, v. M/s. Shriram Chits Pvt.Ltd.

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