THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO
CIVIL REVISION PETITION No.1031 of 2020
ORDER:
The respondent had filed O.S.No.135 of 2002 before the Principal Junior Civil Judge-cum-Judicial First Class Magistrate, Narsapur for recovery of money from the petitioner herein. This suit was allowed by the trial Court by way of a judgment and decree, dated 23.04.2007. Thereafter, the respondent filed E.P.No.148 of 2010 for executing the said judgment and decree. The Executing Court had ordered the arrest of the petitioner herein on 05.03.2012 and directed that the petitioner be sent to civil prison. Thereafter, the petitioner herein had filed E.A.No.61 of 2019 in E.P.No.148 of 2010 to cancel the warrant of arrest. In the said application, the petitioner also filed E.A.No.9 of 2020 before the Executing Court to receive certain documents set out in the memo filed along with the application. This application was dismissed by the Executing Court by an order, dated 15.06.2020. Aggrieved by the said order, the petitioner has approached this Court by way of the present revision petition.
2. Heard Sri T.Sai Surya, learned counsel for the petitioner, and Sri N.Siva Reddy, learned counsel for the respondent.
3. Sri T.Sai Surya, learned counsel for the petitioner, would submit that the documents submitted by the petitioner are the medical prescription and discharge summary, which would show that the petitioner was suffering from cardiac problem and cannot be arrested and sent to civil prison. He submits that the 2 health of the petitioner would not permit the petitioner to remain in jail and there is every danger of threat to his life. He submits that production of the said documents was essential for the case of the petitioner and the Executing Court ought not to have rejected the said application.
4. Sri N.Siva Reddy, learned counsel for the respondent, would submit that these medical documents would not in any manner make out any case in favour of the petitioner and as such the order of the Executing Court was proper and does not require any interference.
5. The documents sought to be produced by the petitioner are medical prescriptions for the period between 16.08.2013 to 14.03.2017 and discharge summary, dated 17.04.2017, is of the wife of the petitioner. The application for recall of the warrant was filed by the petitioner in the year 2019. In the circumstances, the Executing Court had taken the right view that these documents are not relevant for the case and as such dismissed the application. I do not find any reason to defer from the view taken by the trial Court that these documents are not relevant for the adjudication of the application filed by the petitioner for recall of the arrest warrant.
6. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs.
3
Consequently, miscellaneous petitions, if any, pending shall stand closed.
_________________________ JUSTICE R.RAGHUNANDAN RAO Date : 09.02.2022 SPP 4 THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO CIVIL REVISION PETITION No.1031 of 2020 Date : 09.02.2022 SPP