THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
CIVIL REVISION PETITON No.590 of 2020
ORDER:-
The respondent herein had obtained a decree against the
petitioner herein in O.S.No.718 of 2015 on 04.02.2020 in the
Court of the Principal Senior Civil Judge, Rajamahendravaram.
The respondent had thereafter, filed E.P.No.132 of 2018 for
execution of the said judgment and decree. As the petitioner was
not paying the amount payable under the said decree, the
respondent moved for the arrest of the petitioner on the ground
that the petitioner was not discharging the decree debt despite
having sufficient means to discharge the said debt. The petitioner
contested the said petition on the ground that he did not have
any property and that his salary was already subject to earlier
attachment in E.P.No.2 of 2017.
2. The executing Court after considering both
contentions directed the arrest and production of the petitioner
by an order dated 04.02.2020.
3. The petitioner being aggrieved by the said order has
approached this Court, by way of the present Civil Revision
Petition.
4. Heard Sri B.V.Rama Rao, learned counsel for the
petitioner and Sri N.Siva Reddy, learned counsel for the
respondent.
5. After hearing both sides, I am not inclined to differ
with the view taken by the Executing Court. However, since the 2
respondent herself had sought attachment of the salary of the
petitioner for recovery of the decretal amount, it would be
appropriate to dispose of this civil revision petition staying the
operation of the Executing Court dated 04.02.2020 in E.P.No.132
of 2018 in O.S.No.78 of 2015 subject to the condition of the
petitioner paying the respondent a sum of Rs.25,000/- every
month on or before 10th day of the said month. The said
payments will commence with the first payment being made on
or before 10th day of January, 2022. The petitioner shall deposit
to the installments to the credit of the E.P and upon such
payment being made, the respondent shall be entitled to
withdraw the same without any security. In the event of any
default by the petitioner, this order shall stand terminated and
the executing Court shall execute the warrant issued earlier. The
petitioner shall also be entitled to stop payment of these
installments upon the Executing Court being satisfied that the
entire decretal amount has been discharged.
6. Accordingly, the Civil Revision Petition is disposed of.
There shall be no order as to costs.
[[[
Miscellaneous petitions, pending if any, in this Civil
Revision Petition shall stand closed.
___________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 05-01-2022 RJS 3
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
CIVIL REVISION PETITON No.590 of 2020
Date : 05.01.2022
RJS
