Anna Nageswara Rao vs Devathi Chenchaiah
2023 Latest Caselaw 1818 AP

                    HIGH COURT OF ANDHRA PRADESH

     MAIN CASE No: CIVIL REVISION PETITION No.922 of 2023

                              PROCEEDING SHEET

S.
       DATE                                  ORDER
No
1.   04.04.2023   RC, J
                                  C.R.P.No.922 of 2023

                          Notice before admission.
                          Learned counsel for THE petitioner is
                  permitted to take out personal notice on the
                  respondents           by    registered   post     with

acknowledgment due and file proof of service in the Registry within two weeks.

Post on 18.04.2023.

______ RC, J I.A.No.1 of 2023

Heard Sri A.Rajendra Babu, learned counsel for the petitioner.

Learned counsel for the petitioner submitted that the respondents herein/D.Hrs filed E.P.No.81 of 2020 in Original Suit No.381 of 2005 on the file of the Court of II Additional Senior Civil Judge (FTC) Guntur, under Order XXI Rule 37 and 38 CPC, for arrest of the petitioner/J.Dr. In the said E.P., the J.Dr filed counter denying his means duly stating that he has no immovable properties and he

is earning meager amount and he has no capacity to discharge the decretal amount. The Court below, after hearing both sides, allowed the said E.P duly holding that the burden of proving the means to discharge the decretal amount would be on the Judgment debtor in view of Section 106 of the Evidence Act.

Learned counsel for the petitioner submitted that the Court below erroneously observed that the burden is on the J.Dr to prove that he is not having sufficient means, which is contrary to the settled principles of law and in support of his contention, he relied on the judgment of the Hon'ble Apex Court in Jolly George Verghese & Anr v. The Bank of Cochin [(1980)2 SCC 360]. He further submitted that the petitioner is having a good case and in the meantime, if the petitioner is arrested, his personal liberty will be affected, as such prayed to stay of proceedings in EP, pending revision.

Perused the material available on record. The submissions made by the learned counsel for petitioner, the principle laid down by the Hon'ble Apex Court in the judgment cited supra and the grounds raised in this Revision Petition prima facie makes out a point for consideration to be decided in this Revision Petition. As rightly contended by the learned counsel that in the meantime, if the Execution Petition is allowed pending this Revision,

the rights of the revision petitioner would be defeated, as such, this Court is inclined to grant the following interim direction:

There shall be interim stay of all further proceedings pursuant to the order dated 24.02.2023 passed in E.P.No.81 of 2020 in O.S.No.381 of 2005 on the file of the Court of II Additional Senior Civil Judge (FTC), Guntur for a period of four (4) weeks.

______ RC, J MP