Peddada Venkateswara Rao vs Nalanagula Bhagya Lakshmi
2023 Latest Caselaw 1773 AP

         HON'BLE DR. JUSTICE K. MANMADHA RAO

         CIVIL REVISION PETITION No.828 of 2020

ORDER :

This Civil Revision Petition is filed by the petitioner

against the Order, dated 03.01.2020 passed in E.P.No.90 of

2018 in O.S.No.1897 of 2014 on the file of Court of VI

Additional Senior Civil Judge, Visakhapatnam.

2. Originally the suit in O.S. No.1897 of 2014 was

filed before the VI Additional Senior Civil Judge,

Visakhapatnam for recovery of the suit amount of

Rs.3,38,633/- being the principal and interest due on a

promissory note dated 25.12.2011 for Rs.2,00,000/-

executed by the defendant in favour of the plaintiff. The

same was decreed by the Court below vide order dated

16.08.2017 and directed the defendant to pay a sum of

Rs.3,38,633/- with interest at 6% p.a. from the date of suit

till the date of realization on the principal amount of

Rs.2,00,000/-. Being not satisfied with the same, the

petitioner/Decree Holder has filed E.P.No.90 of 2018 in

O.S.No.1897 of 2014 before the Court below. The same was

decreed in favour of the petitioner/D.Hr by order dated

03.01.2020 and directed to issue arrest warrant against the

Judgment Debtor on payment of process. Aggrieved by the

same, the present Civil Revision Petition is filed.

3. Heard Sri Suresh Kumar Reddy Kalava, learned

counsel appearing for the petitioner. Perused the material

available on record.

4. Learned counsel for the petitioner submits that

even though the respondent is having opportunity to

discharge the debt by seeking attachment of salary, the trial

Court without conducting any enquiry and giving finding

that the petitioner willfully and wantonly avoided the

discharge of the decree, is contrary to law and without

jurisdiction. He further submitted that the trial Court failed

to see that the prerogative of the decree holder is not the

mandatory condition but to the satisfaction of the court by

seeking the conduct of the parties and therefore allowing the

application on that ground, is highly illegal, and ordering

arrest, amounts to depriving the life and liberty of the

petitioner.

5. On perusing the entire material available on

record, it is evident that, after passing the order in

E.P.No.90 of 2018 on 03.01.2020, the petitioner/J.Dr has

produced before the Court on execution of arrest warrant

and the petitioner/J.Dr has paid an amount of Rs.50,000/-

and the same was recorded. To that effect, a Memo has

already been filed stating that he will pay the balance

amount as directed by the Court. Thereafter, on

03.03.2020, the petitioner/J.Dr has paid an amount of

Rs.75,000/- to the respondent/D.Hr and to that effect, he

filed a Memo and recorded by the Court below.

6. As seen from the proceeding sheet, this Court, vide

order, dated 17.06.2020 in I.A.No.1 of 2020, granted interim

stay, as under:

".... There shall be interim stay of all further proceedings including arrest of the petitioner in E.P.no.90 of 2018 in O.S No.1897 of 2017 on the file of the VI Additional Senior Civil Judge, Visakhapatnam on condition of the petitioner's depositing 1/3 rd of the amount claimed in E.P. to the credit of the said suit, within a period of four weeks from the date of receipt of a copy of this order, failing which, the interim stay granted now shall stand vacated automatically, without any further reference to this Court."

7. Thereafter, on verifying the proceeding sheet, on

15.02.2023, learned counsel for the petitioner represented

that the petitioner has complied with the order of this Court

dated 17.06.2020 passed in I.A.No.1 of 2020.

8. Having regard to the facts and circumstances of

the case and on considering the submissions made by

learned counsel for the petitioner, this Court is of the

considered opinion that the petitioner/J.Dr is directed to

pay the balance suit amount in two (02) equal installments

within a period of three (03) months from the date of receipt

of a copy of this order.

9. With the above observation, the Civil Revision

Petition is disposed of. There shall be no order as to costs.

As a sequel, all the pending miscellaneous

applications shall stand closed.

______________________________ DR. K. MANMADHA RAO, J.

Date :        31-03-2023
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      HON'BLE DR. JUSTICE K. MANMADHA RAO




      CIVIL REVISION PETITION No.828 of 2020




                Date : 31 .03.2023




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