K V Rao, Guntur Dist v. Putcha Vivekananda, Vja, Krishna Dist And 2 Others

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY CIVIL REVISION PETITION No.1040 OF 2016 ORDER:

This petition is filed under Section 115 C.P.C. assailing the order, dated 13.12.2015, passed in E.P.No.232 of 2013 in O.S.No.271 of 2002 on the file of the Court of the Principal Junior Civil Judge, Tenali. 2.

Learned counsel for the petitioner submitted that the petitioner will not interfere with the suit schedule property in any manner. Learned counsel for the petitioner also filed an affidavit of the petitioner to that effect. Learned counsel further submitted that in view of the undertaking affidavit filed by the petitioner, the revision petition may be allowed.

3.

In view of the submission made by the learned counsel for petitioner, this Court is not inclined to go into the merits of the case. 4.

Hence, the Civil Revision Petition is allowed setting aside the order, dated 31.12.2015, passed in E.P.No.232 of 2013 in O.S.No.271 of 2002 on the file of the Court of the Principal Junior Civil Judge, Tenali, recalling the arrest warrant issued against the petitioner - judgment debtor No.2. However, allowing of this Civil Revision Petition does not preclude the respondent to take appropriate steps, in case, the petitioner violates the terms and conditions of the decree. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed.

__________________________ T. SUNIL CHOWDARY, J 17th December, 2018 MD