Dandu Krishnam Raju vs Konam Sambasiva Rao
2023 Latest Caselaw 669 AP

                           HIGH COURT OF ANDHRA PRADESH


MAIN CASE No: C.R.P.No.236 of 2023

                          PROCEEDING SHEET

Sl.                                                                                     OFFICE
        DATE                                     ORDER
No.                                                                                     NOTE.




02.   08.02.2023   RC,J

                          Notice before admission.
                          Learned counsel for the petitioner is permitted to
                   take out personal notice on the respondent through

Registered Post with Acknowledgement Due and file proof of service in the Registry.

Post on 09.03.2023.

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

Heard.

Learned counsel for the petitioner, in elaboration to what has been raised in the grounds, contended that the Court below has allowed the Execution Petition filed by the Decree Holder under Oder XXI Rules 37 and 38 read with Section 55 of the Code of Civil Procedure, against the petitioner i.e. Judgment Debtor.

Learned counsel for the petitioner further contended that the Court below grossly failed to follow the procedure of conducting enquiry contemplated under Section 51 the Code of Civil Procedure and no evidence was allowed to be let in by the petitioner herein, in the present Execution proceedings and directly issued warrant of arrest. If the said order is allowed to be executed, great prejudice would be caused to the petitioner/Judgment Debtor and his right of liberty will be affected, which cannot be compensated later. As such prayed to grant interim stay of the proceedings in the Execution Petition.

Perused the Record.

As contended by the learned counsel for the petitioner, in the impugned order dated 25.01.2023 in E.P.No.25 of 2022, no reference to any enquiry conducted under Section 51 of the Code of Civil Procedure, before issuing the warrant of arrest and also compliance of the procedure contemplated under Order XXI Rules 37 and 38 of the Civil Procedure Code, is found.

Taking into consideration the submissions of the learned counsel for the petitioner and the grounds raised in the Revision, prima facie this Court finds that there is point for consideration in the Revision Petition and in the event if the order in Execution Petition is allowed to be executed there is every likelihood of arrest of the petitioner/Judgment Debtor and then the purpose of filing this Revision Petition will be defeated. Therefore, this Court is inclined to grant the following interim order:

There shall be stay of all further proceedings in E.P.No.25 of 2022 in O.S.No.37 of 2018 on the file of the Principal Senior Civil Judge, Gajuwaka, for a period of eight (08) weeks.

________ RC, J

GBS/ANI