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High Court for State of TelanganaCRP/1776/2017disposed of no costs

Kallamperi Reddy, Guntur Jcjc And ANR v. M/S Margadarsi Chit Fund Ltd., Narasaraopet, A.P. And 2

2018-12-04T.Sunil Chowdary2 pages

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY C.R.P.No.1776 of 2017 ORDER:

This revision petition is filed under Section 115 CPC assailing the orders dated 06.03.2017 passed in E.P.No.57 of 2016 in Dis.No.126 of 2014 on the file of Principal Senior Civil Judge Court, Guntur.

2.

Heard the learned counsel appearing for both the parties and perused the material on record.

3.

The first respondent filed a petition under Order 21 Rules 37 and 38 of CPC for arrest of the petitioner. After full fledged enquiry, the executing Court allowed the petition and issued a warrant on payment of process. Both counsel submitted that as on the date of passing of the order by the executing Court, the petitioners owe an amount of Rs.7,12,682/-.

4.

At the time of arguments, learned counsel for the petitioners submitted that the petitioners are ready to pay the E.P. amount within a period of six months. Learned counsel for the first respondent submitted that two months time may be granted to the petitioners for payment of amount.

5.

Taking into consideration the facts and circumstances of the case, this Court is of a considered view that granting of three months time to the petitioners is just and reasonable.

6.

In the result, the Civil Revision Petition is disposed of permitting the petitioners to pay the E.P. amount of Rs.7,12,682/- (Rupees seven lakhs twelve thousand six hundred and eighty two only) to the first respondent within a period of three (3) months from today. If the petitioners fail to pay the amount to the first respondent within a period of three months from today, the first respondent is at liberty to execute the warrant issued against the petitioners on payment of process. There is no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________ T.SUNIL CHOWDARY, J Dt:04.12.2018 Rns