Petitioner sought to quash an order rejecting inability to pay decree and requested an extension. Court found no error in impugned order, dismissed revision, and granted two months' time for payment.
Petitioner granted two months' time for payment of entire execution amount.
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HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY
C.R.P.No.1174 of 2014
Date : 25-4-2014
Between: Yadika Venkata Reddy .. Petitioner And Gujjula China Rami Reddy .. Respondent
Counsel for petitioner : Sri M. Solomon Raju for Sri Nimmagadda Satyanarayana Counsel for respondent : --
The Court made the following:
ORDER:
This Civil Revision Petition arises out of order dated 30-1-2014 in E.P.No.6/11 in O.P.No.331/2008 on the file of the learned Junior Civil Judge, Darsi.
The petitioner is the Judgment-debtor. The respondent has filed the above mentioned E.P. for recovery of the decretal amount. The petitioner pleaded that he has no means to pay the decretal amount. The lower Court rejected the said plea based on Ex.P-1 – No.3 Adangal for 1420 Fasli and Ex.P-2 – 1B Register of Katha No.494, showing that the petitioner owns sufficient lands and thereby sufficient means to pay the decretal amount. In the light of the evidence adduced by the respondent, based on which the lower Court has arrived at the conclusion that the petitioner has means to pay, I do not find any jurisdictional error in the order of the lower Court warranting interference of this Court.
The learned Counsel for the petitioner submitted that his client may be granted two months’ time for payment of the E.P. amount.
Considering this request, the petitioner is granted two months’ time from today for payment of the entire E.P.
amount, failing which the respondent shall be free to execute order under revision.
Subject to the above direction, the Civil Revision Petition is dismissed.
As a sequel to the dismissal of the Civil Revision Petition, CRPMP No.1637/2014 is disposed of as infructuous.
________________________ Justice C.V. Nagarjuna Reddy
Date : 25-4-2014 AM
2 issues framed by the court
Whether judicial error is found in the lower court's order rejecting the petitioner's plea of inability to pay decretal amount.
Whether the petitioner should be granted time for payment of the execution amount.
Yadika Venkata Reddy
Gujjula China Rami Reddy
C.V. Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
