Kuncharri Siddaiah v. Pattapurathi Nagaraja Rao

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.2979 of 2015 ORDER:

The judgment debtor in E.P. No.54/2013 in O.S. No.188/2005 on the file of the Court of the learned Junior Civil Judge, Railway Kodur, is the petitioner herein. The respondent herein, who is the decree holder, filed the said E.P. for Rs.1,13,272/- by calculating the said amount as on 05.12.2013, and when an order was passed on 19.06.2015 directing the petitioner herein to be sent to Civil Prison for realization of the E.P. amount, the present Civil Revision Petition was filed. In the present Civil Revision Petition, an order was passed on 31.07.2015 granting interim stay subject to depositing half of the decretal amount within three weeks; in pursuance of which, the petitioner deposited an amount of nearly Rs.34,000/-. The petitioner has to pay another amount of Rs.90,000/-, if the E.P. amount is calculated as on the date of filing of the petition.

In the above circumstances, the stay granted by this Court with regard to arrest of the petitioner shall continue so long as the petitioner pays an amount of Rs.6,000/- (Rupees six thousand only) per month payable on or before 5th of every calendar month commencing from 05.12.2015 without fail, to the credit of O.S. No.188/2005 on the file of the Court of the learned Junior Civil Judge, Railway Kodur, and the decree holder is permitted to withdraw the said amount. In case of default of any single instalment, the order of trial Court in E.P. No.54/2013 in O.S. No.188/2005 dated 19.06.2015 shall come into operation.

Accordingly, this Civil Revision Petition is disposed of. There shall be no order as to costs.

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

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A.RAMALINGESWARA RAO, J 27.11.2015 MVA