Nadendla Yesaiah v. Sk. Basha
Case brief
What is this about?
The High Court disposed of a civil revision petition challenging an execution order for the arrest and detention of a judgment debtor under Order XXI Rule 38 CPC. The Court upheld the trial court's finding that the debtor had the means to pay but was evading the decree. It stayed the arrest order for three months, directing the debtor to clear the dues.
What did the court decide?
Arrest order stayed for three months; Petitioner directed to pay decretal amount, interest, and costs within three months.
What the court decided
THE HON’BLE SRI JUSTICE K.C.BHANU
CIVIL REVISION PETITION No.5534 OF 2012
ORDER:
The Civil Revision Petition is directed against the order, dated 27.09.2012, in E.P.No.13 of 2010 in O.S.No.453 of 2004 on the file of the Junior Civil Judge, Piduguralla, whereunder and whereby, petition filed by respondent herein/decree holder under Order XXI Rule 38 of the Code of Civil Procedure, 1908 (for short, “C.P.C.”) for arrest and detention of the petitioner herein/judgment debtor and for realization of the decretal amount, was ordered.
2. Heard the learned counsel for the petitioner/judgment debtor.
3. Respondent herein filed O.S.No.453 of 2004 against the petitioner herein for recovery of amount and the same was decreed. In pursuance of the said decree, he filed E.P.No.13 of 2010 for arrest and detention of the judgment debtor and for realization of the decretal amount, and the same was ordered. Challenging the same, judgment debtor filed the present Revision Petition.
4. The aforementioned suit was decreed on 26.6.2005 against the judgment debtor. When the decree holder demanded repayment of the decretal amount, the judgment debtor failed to repay that amount. It is contended by the decree holder that the judgment debtor is doing real estate business and chit fund business and getting Rs.50,000/- per month and he is having capacity to discharge the entire decretal amount and therefore, he prays to arrest the judgment debtor. The judgment debtor filed counter denying the allegations made in the affidavit filed in support of the petition and contended that he is suffering from Blood Pressure and Hyper tension; that he is a diabetic patient for the last three years and he had no movable or immovable
Issues for consideration
2 issues framed by the court
Whether the suit-arrest order against the judgment debtor was legal given the findings of his capacity to pay.
Whether the execution order should remain in force or be stayed pending payment.
Parties & counsel
- petitioner
Petitioner/Judgment Debtor
- respondent
Decree Holder/Respondent
Coram
K.C. Bhanu
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · February
- Registered
- Case no.
- CRP/5534/2012
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