Allowed

Kadapa Narayana v. Gajjalakonda Venkateswarlu

Telangana HC9 Nov 2017CRP/5603/2011

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What is this about?

A civil revision was filed challenging an order of arrest for execution of a decree. The High Court allowed the petition, quashing the order due to insufficient documentary evidence proving the petitioner had sufficient means for arrest, while clarifying that a fresh execution petition is maintainable if such proof is later established.

What did the court decide?

The order of arrest was quashed; a fresh execution petition may be filed if sufficient means are shown.

Kadapa Narayana Vs Gajjalakonda Venkateswarlu — Execution and Attachment | Telangana HC (2017)

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HON’BLE DR. JUSTICE B. SIVA SANKARA RAO

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Civil Revision Petition No.5603 of 2011

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ORDER:

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Heard the learned counsel for the petitioner/ J.Dr. and perused the grounds urged in the revision and the impugned order of the learned II Addl.Junior Civil Judge, Vijayawada in E.P.No.65 of 2011 in O.S.No.1349 of 2009 dt.20.10.2011 by ordering arrest of the J.Dr. by sending him to civil prison for recovery of the amount covered by the decree of the said Court in that suit supra, dt.31.08.2010, as one of the modes of execution for recovery.

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From the very application with a prayer to arrest and recover the amount including from the evidence of the D.Hr. and the J.Dr. respectively as P.W.1 and R.W.1 discussed in the order but for oral say of the D.Hr. ipsi dipsi of the J.Dr. got there is no any proof much less by any documentary evidence and that is denied in the cross-examination by the J.Dr. of the D.Hr.-P.W.1, leave apart the evidence of the J.Dr.R.W.1 of he has no means and what he claimed of he is running kirana business of not true, having therefrom observed that the D.Hr. could not show that the J.Dr. is running a kirana shop much less any documentary evidence, the learned Magistrate however went wrong in saying what the J.Dr. suffering from ill-health is unbelievable even he is a cooli that could be the means in order of arrest for recovery of the amount. In fact there is burden on the D.Hr. to establish sufficient means of the J.Dr. and despite he is willfully avoiding to discharge the decree debt as also held by this Court in CRP No.5744 of 2011 dt.07.11.2017.

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Having regard to the above and in the result, the Revision is allowed by setting aside the order of the learned II Addl.Junior Civil Judge, Vijayawada in E.P.No.65 of 2011 in O.S.No.1349 of 2009

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dt.20.11.2011, however it is no way bar to maintain a fresh Execution Petition including for arrest of the J.Dr. if at all the D.Hr. is able to show the means of the J.Dr.

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Consequently, miscellaneous petitions, if any, pending in this revision, shall stand closed.

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___________________________ JUSTICE Dr. B.SIVA SANKARA RAO

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Date:09.11.2017 vvr

Kadapa Narayana v. Gajjalakonda Venkateswarlu

Case brief

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Kadapa Narayana v. Gajjalakonda Venkateswarlu

Case brief

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