Andhra Pradesh High Court - Amravati
K.S. Guru Prakash, vs R H. Krishraiah, on 1 August, 2024
APHC010186292017
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3460]
(Special Original Jurisdiction)
THURSDAY, THE FIRST DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL REVISION PETITION NO: 2688/2017
Between:
K.S.Guru Prakash ...PETITIONER
AND
R.H.Krishnaiah and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. A PRABHAKAR SARMA
Counsel for the Respondent(S):
1. P RAJESH BABU
2. A HANUMANTHA REDDY
The Court made the following order:
ORDER:
1. This Civil Revision Petition is filed questioning docket order
dated 01.06.2017 in E.P.No.37 of 2016 in O.S.No.147 of 2011 on
the file of the Senior Civil Judge, Hindupur.
2. The petitioner herein is the 1st defendant. The 1st respondent
herein is the plaintiff, who filed suit for specific performance of an
agreement of sale, dated 31.12.2008 and also sought for refund of
advance money as an alternative relief. The 1st respondent herein,
under the said agreement, had paid an amount of Rs.6,00,000/- as
part of the sale consideration to the petitioner herein on various
dates. The trial Court refused specific performance of agreement of
sale and had granted alternative relief against the petitioner herein
for recovery of an amount of Rs.9,73,466/- with interest and costs
vide its decree and judgment, dated 28.01.2016. The interest
pending suit was fixed at 12% per annum and interest post decree
was fixed at 6% per annum till realization.
3. As the petitioner was not paying the amount as specified in
the decree, the respondent/plaintiff filed E.P.No.37 of 2016 in
O.S.No.147 of 2011 in the Court of the Senior Civil Judge,
Hindupur under Order 21 Rule 37 and 38 of Civil Procedure Code
seeking to send the petitioner to civil prison for non-compliance of
the decree, inspite of having sufficient means.
4. After receipt of notice in the said E.P.No.37 of 2016 in
O.S.No.147 of 2011, the petitioner appeared before the trial Court
and paid an amount of Rs.1,00,000/- on 31.03.2017 and part
satisfaction memo was filed to that effect. The case was adjourned
to 13.04.2017 for payment of the balance amount. As the petitioner
did not appear before the trial Court on 13.04.2017 for payment of
the balance amount, the trial Court directed to issue arrest warrant
against the petitioner/J.Dr and posted to 01.06.2017. On
01.06.2017 the said arrest warrant was returned as petitioner/J.Dr
was not found. Again, the trial Court issued warrant of arrest
against the petitioner/J.Dr. on the same day. Questioning the order,
dated 01.06.2017, the present revision petition is filed.
5. This Court, while issuing notice to the respondents, has
passed an interim order, dated 16.06.2017, which reads as follows:
"There shall be stay of all further proceedings including
arrest of the petitioner in E.P.No.37 of 2016 in O.S.No.147 of
2011 on the file of the Senior Civil Judge, Hindupur, subject to
the petitioner depositing a sum of Rs.5,00,000/- (Rupees five
lakhs only) before the Executing Court within a period of two
months from today."
6. Sri A.Prabhakara Sarma, learned counsel for the petitioner
appearing through virtual mode, while referring that the petitioner
has complied with the condition made by this Court in the interim
order, dated 16.06.2017, has submitted that an appeal in
A.S.No.693 of 2017, was filed by the petitioner herein before this
Court against the decree and judgment in O.S.No.147 of 2011 and
the present revision petition may be heard together. However, the
learned counsel for the petitioner fairly submits that there is no
interim order passed in the said appeal. The counsel for the
respondent, Sri A.Rajesh Babu, contended that it is not required for
this case to be tagged along with the first appeal, as the outcome
of this revision petition is not dependant on the appeal.
7. This Court is of the opinion that the revision petition could be
adjudicated independent of to the appeal as the outcome of this
revision petition has no bearing on the outcome of the appeal.
8. Coming to the facts of the case, the trial Court issued
impugned arrest warrant in exercise of power specified in the
proviso to Order 21 Rule 37 CPC. There is no illegality in the
impugned arrest warrant as the petitioner after paying initial
amount of Rs.1,00,000/- as stated supra, did not appear on the
following dates before the trial Court to pay the balance decretal
amount. No reason has been given by the petitioner for this
conduct and therefore, the arrest warrant to secure the presence of
petitioner for enforcement of decree amount cannot be faulted.
9. It is not the case of the petitioner that he does not have
means to pay the advance amount received from the respondent.
In the absence of lack of means, there is no valid ground for the
petitioner not to comply with the decree. The pendency of appeal is
no ground to delay the payment.
10. In the alternative, the counsel for petitioner sought for
reasonable time to make the payment of decretal amount with
interest as on date.
11. In view of the above facts and circumstances, and
considering the submissions made by the learned counsel, this
Court deems it appropriate to dispose of this revision petition with a
direction to the petitioner to deposit in two installments i.e., 50% of
the remaining balance of the decretal amount with interest as on
date, within four (4) months from today and rest of the 50% of the
balance of the decretal amount within further period of five (5)
months thereafter, before the executing Court. In the event, if the
petitioner fails to comply with either of the conditions specified
above, the trial Court may proceed with the execution proceedings
without any further orders of this Court. For the sake of clarity, the
first installment amount by 01.12.2024 and second installment by
30.04.2025.
12. With the above direction, the Civil Revision Petition is
disposed of. No order as to costs. As a sequel, the miscellaneous
petitions if any shall stand dismissed.
_______________________
JUSTICE NYAPATHY VIJAY
Date: 01.08.2024
SPP
THE HON'BLE SRI JUSTICE NYAPATHY VIJAY
Civil Revision Petition No.2688 OF 2017
Date: 01.08.2024
SPP
