Andhra Pradesh High Court - Amravati
Velpuri Satyanarayana Murthy vs Yelisetti Narasimha Rao on 5 December, 2022
Bench: Subba Reddy Satti
HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
CIVIL REVISION PETITION No.902 of 2022
Between:
Velpuri Satyanarayana Murthy, S/o
Nageswara Rao, aged about 44 years, Hindu,
Occupation: Nil, R/o H.No.10-2-1/2, 9th Ward,
Tadepalligudem-534101, West Godavari
District.
... Petitioner.
Versus
Yelisetti Narasimha Rao, S/o Somaraju, aged
about 65 years, Hindu, Accountant R/o 12th
Ward, Old Town, Tadepalligudem-534101,
West Godavari District.
... Respondent.
Counsel for the petitioner : Sri Srinivasa Rao Pappu
Counsel for respondent : Sri Somaraju Yelisetti
ORDER
Judgment Debtor in the execution petition filed the
above revision against the docket order dated 17.02.2022 in
E.P.No.3 of 2022 in O.S.No.242 of 2015 on the file of Senior
Civil Judge, Tadepalligudem.
2. Respondent/plaintiff filed suit O.S.No.242 of 2015 for
recovery of amount. Suit was decreed on 29.08.2019.
Pursuant to decree, decree holder filed E.P.No.3 of 2022
under Order XXI Rule 37 of CPC to issue notice to judgment
debtor and if the judgment debtor fails to pay the decree
amount, to issue warrant of arrest against him under Order
XXI Rule 38 of CPC and to commit him to civil prison under
Section 55 of CPC.
3. On 17.02.2022, the executing Court passed the
following docket order:
"Judgment debtor called absent, no representation.
Judgment debtor notice served personally, service held
sufficient. Therefore, judgment debtor set exparte. Issue
warrant of arrest against judgment debtor under Order
XXI Rule 37 (2) of CPC on payment of process call on
23.03.2022".
4. Against the said docket order, the present revision is
filed.
5. Heard Sri Srinivasa Rao Pappu, learned counsel for
petitioner and Sri Somaraju Yelisetti, learned counsel for
respondent.
6. Learned counsel for petitioner would submit that after
service of notice, vakalat was filed vide S.R.No.572 of 2022
dated 15.02.2022, however without noticing the same, the
executing Court set the judgment debtor exparte and the
executing Court also directed the decree holder to pay batta
to secure the presence of judgment debtor by way of arrest
under Order XXI Rule 37 (2) of CPC.
7. This Court while ordering notice, granted stay on
06.05.2022 and the same is extended from time to time.
8. On 09.11.2022 in view of arguments advanced by
respondent counsel, this Court called for report from the
Presiding Officer, who in turn submitted his report. As per
the report, pursuant to the order dated 17.02.2022, judgment
debtor was taken into custody and he was released on
executing a personal bond for a sum of Rs.5,00,000/-. The
report further discloses that S.R.No.572 of 2022 was not
placed before the Presiding Officer on 17.02.2022 and in fact,
there was no representation about filing of vakalat.
9. Since the judgment debtor was already brought on
record and later released on bail on his executing a self bond
for Rs.5,00,000/-, the docket order dated 17.02.2022 is
worked out. It is only to secure the presence of judgment
debtor, such an order was passed by the executing Court.
10. According to learned counsel for D.Hr, so far the
judgment debtor has not filed his counter in execution
petition. Learned counsel for judgment debtor would submit
that if no counter is filed, judgment debtor will file counter
within a period of four weeks.
11. Recording the same, the Civil Revision Petition is
disposed of with the following directions.
The judgment debtor shall file counter within a period
of four weeks. On such, the Court below, by adhering to the
procedure, after the evidence let in by the parties, shall
dispose of E.P.No.3 of 2022 as expeditiously as possible. No
orders as to costs.
As a sequel, all the pending miscellaneous applications
shall stand closed.
_________________________
SUBBA REDDY SATTI, J
5th December, 2022
PVD
