Attenthi Yesuratnam v. Kondepi Venugopala Rao

THE HON’BLE SRI JUSTICE S.V. BHATT

C.R.P.No.820 OF 2016

ORDER:

The revision is directed against the order dated 18.01.2016 in E.P.No.59 of 2015 in O.S.No.574 of 2005 in the Court of Principal Junior Civil Judge, Kavali. The executing Court through the order impugned in the revision ordered arrest of the revision petitioner.

The operative portion of the order under revision reads as follows:

“To prove the case of the D.Hr., himself is examined as PW.1 and got marked Ex.P1 and Ex.P2 and reiterated his pleading in his chief affidavit. During the cross-examination, though PW.1 admitted that “it is true he filed E.P.No.53/2012 against the J.Dr., for attachment of salary and the same was dismissed on merits “it is needless to say as per provisions under Order 21 CPC, the D.Hr., is at liberty to file several petitions within 12 years from the date of the decree, to realize the decree amount. Further on perusal of the record, the D.Hr., filed E.P.53/2012 for attachment of salary but the present petition filed for arrest of the J.Dr. Hence, there is no bar or hurdle against the D.Hr., to file the present petition to realize the decree amount. Moreover, the during the crossexamination of the J.Dr., as RW.1 clearly admitted that “he is working in Kavali agricultural research station on daily wages and drawn net salary of Rs.12,489/from August onwards”. The same was revealed by salary particulars of J.Dr., under Ex.P2, which was filed by the D.Hr., and as per Ex.P2, the J.Dr’s gross salary is Rs.14,158/- and getting net salary of Rs.12,489/-. Further the J.Dr., admitted that “prior to August 2015, he has also drawn salary”. Under the circumstances, this court opined that the J.Dr., is having sufficient means to pay the E.P amount but he evade the payment intentionally. Accordingly, these points are answered.”