Koppula Subba Rao v. Nadipalli Veeraju

THE HON'BLE SRI JUSTICE S.V.BHATT C.R.P.No.1503 of 2012 ORDER:

The Judgment Debtor (J.Dr.) is the revision petitioner and he assails the order of arrest dated 02.03.2012. The respondent herein is executing the decree in O.S.No.578 of 2008 and the E.P. amount is Rs.40,912/-.

Mr.Mangena Sreerama Rao contends that the executing Court committed illegality by holding that the revision petitioner/J.Dr. has means. This Court granted conditional order on 28.03.2012. He states that the condition is complied with. In spite of service of notice, no one appears for the respondent/D.Hr.

This Court, after perusing the findings recorded in paragraphs 9 to 13 is of the view that to find out the means the executing Court has considered all the aspects relied on and pleaded by the parties.

Hence, no ground is made out for interference of this Court under Section 115 of Code of Civil Procedure. After the order is dictated, Mr.Mangena Sreerama Rao requests stay of arrest so that the revision petitioner would pay the E.P. amount of Rs.40,912/-. The stay of arrest granted on 28.03.2012 is extended by four more months from today subject to revision petitioner depositing a sum of Rs.10,000/- every month commencing from 01.10.2018. In default of any one of

the conditions, the stay of arrest granted by this Court stands vacated.

Civil Revision Petition is disposed of with the above observations. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed.

________________ S. V. BHATT, J Dt: 05.09.2018 dv