Roddam Jayarama Chary v. Gudipati Chandra Sekhar

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION No.1576 of 2018 ORDER:

This Civil Revision Petition is filed questioning order, dated 22.12.2017 passed by the learned Senior Civil Judge, Dharmavaram, Anantapur District, in issuing warrant of arrest against the petitioners/judgment debtors by allowing E.P.No.52 of 2016 in O.S.No.1 of 2015, filed by the respondent/decreeholder. On 09.03.2018, this Court, while issuing notice before admission, granted interim stay on condition of the petitioners depositing 30% of the decretal amount with interest, within four weeks from the said date.

Learned counsel for the petitioners fairly submits that his clients have not complied with the aforesaid conditional order and necessary orders may be passed.

Heard learned counsel for the respondent.

A perusal of the impugned order discloses that the Court below having taken into consideration the evidence of the respondent/decree-holder to the effect that the petitioners/judgment debtors were earning Rs.1,00,000/- and are having house bearing No.4/449, worth about Rs.20,00,000/-, house-site to an extent of Ac.0.06 cents, worth about

Rs.20,00,000/-, came to be purchased under Ex.P.1 - sale deed, dated 16.11.2010, and land to an extent of Ac.0.18 cents valued about Rs.76,00,000/-, came to a definite conclusion that the petitioners/judgment debtors are avoiding payment, in spite of their having sufficient means and thereby, passed the order impugned by issuing warrant of arrest against them. In those circumstances and there being no contra material before this Court to disturb the finding arrived at by the Court below, the Civil Revision Petition is dismissed. Miscellaneous Petitions, if any pending shall stand dismissed.

_________________________ CHALLA KODANDA RAM, J 16th APRIL, 2018.

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