Citation : 2021 Latest Caselaw 371 AP
Judgement Date : 25 January, 2021
THE HON'BLE SRI JUSTICE K. SURESH REDDY
CIVIL REVISION PETITION No.3581 of 2011
ORDER :
This Civil Revision Petition is filed by the revision petitioner /
J.Dr., against the Order and decree, dated 27.7.2011 passed in
E.P.No.90 of 2008 in O.S.No.128 of 2005 on the file of the Court of
Senior Civil Judge, Gudur, Nellore District.
2. Heard learned counsel for the petitioner and learned counsel
for the respondent.
3. The only contention raised by the learned counsel for the
petitioner is that Decree Holder in his application has stated that
the Judgment Debtor was having certain agricultural properties
and instead of filing a petition seeking to attach those properties,
he resorted to the order of arrest.
4. On the other hand, learned counsel for the respondent
opposed and stated that there are no merits in the said petition
and sought for dismissal of the present civil revision petition.
5. Be that as it may, by virtue of interim order granted by this
Court, the petitioner has already deposited 50 % of the decretal
amount.
6. Considering the facts and circumstances of the case and as
almost 11 years have lapsed, this Court feels that there are no
merits in the said civil revision petition and the petition itself can
be disposed of.
7. In such circumstances, the Civil Revision Petition is disposed
of by directing the petitioner to deposit the balance of decretal
amount within a period of three (03) months from today. In case,
the petitioner fails to pay the amount as specified above, the
Decree Holder is at liberty to proceed with the execution petition in
accordance with law. There is no order as to costs.
As a sequel, Miscellaneous Petitions pending, if any, shall
stand closed.
_______________________ K. SURESH REDDY, J 25th January,2021.
RPD.
HON'BLE SRI JUSTICE K. SURESH REDDY
CIVIL REVISION PETITION No.3581 of 2011
Dated : 25.01.2021
RPD
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