The court allowed two months time to the judgment debtor to deposit the decree amount. Failure to comply within the period will result in the petitioner's arrest for execution purposes.
Two months time granted to petitioner to pay the decreetal amount; otherwise, arrest to be executed.
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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CIVIL REVISION PETITION No.1912 OF 2012
ORDER:
This civil revision petition, under Section 115 of the Code of Civil Procedure, 1908 (for short ‘CPC’), is filed by the respondent/ judgment debtor in E.P. No.74 of 2011 in O.S. No.355 of 2010 pending on the file of Senior Civil Judge, Vizianagaram, challenging the order dated 07.03.2012 passed in the execution petition whereby the learned Senior Civil Judge ordered arrest of the respondent/judgment debtor for realisation of the decreetal amount of Rs.1,86,501/- on various grounds.
This court, by order dated 20.04.2012 granted interim stay while directing the respondent/ judgment debtor, who is the petitioner herein, to deposit an amount of Rs.75,000/- on or before 22.06.2012.
Sri. A.S.C. Bose, learned counsel for the petitioner, is not in a position to report whether the petitioner complied with the direction issued by this court or not, however, sought time for a period of two months to pay the decreetal amount.
Therefore, taking into consideration, the request made by the learned counsel for the petitioner, two months time is granted for payment of the decreetal amount to the respondents by the petitioner. If the petitioner failed to satisfy the decree within two months from the date of receipt of a copy of this order, executing court is directed to effect the arrest of the petitioner in pursuance of the warrant already issued, to realise the decreetal amount.
CRP_1912_2012 MSM, J
With the above direction, the civil revision petition is disposed. No costs.
Miscellaneous petitions, if any, pending in this civil revision petition is closed.
__________________________________ M.SATYANARAYANA MURTHY, J 02.06.2017 BV
1 issue framed by the court
Whether to grant time to the petitioner to deposit the decreetal amount before enforcing arrest.
Respondent/Judgment Debtor
Creditor
M.Satyanaarayana Murthy
As recorded by the court registry
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