Lanka Chandra Rao vs Korpu Rama Seetha
2024 Latest Caselaw 7906 AP

Andhra Pradesh High Court - Amravati

Lanka Chandra Rao vs Korpu Rama Seetha on 30 August, 2024

 APHC010776202013
                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                           [3460]
                             (Special Original Jurisdiction)

                    FRIDAY, THE THIRTIETH DAY OF AUGUST
                      TWO THOUSAND AND TWENTY FOUR

                                     PRESENT

              THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

                    CIVIL REVISION PETITION NO: 3018/2013

Between:

Lanka Chandra Rao,                                                 ...PETITIONER

                                        AND

Korpu Rama Seetha                                                ...RESPONDENT

Counsel for the Petitioner:

     1. T V S PRABHAKARA RAO

Counsel for the Respondent:

     1.

The Court made the following:

ORDER:

1. The present Revision is filed against the order dated 22.06.2013 in E.P.No.82 of 2010 in O.S.No.948 of 1998 passed by the Principal Junior Civil Judge, Peddapuram, East Godavari District.

2. The petitioner is the judgment debtor. The petitioner/plaintiff filed the suit for recovery of money. As the amount was not recovered, E.P was filed seeking arrest of the petitioner. The trial Court, after enquiry, found that the petitioner was having sufficient means. Hence, allowed the E.P. Questioning the same, the present C.R.P is filed.

3. This Court passed an interim order on 12.07.2013, as follows:

"Notice before admission.

There shall be interim stay on condition of the petitioner depositing one-third of the E.P amount within a period of four (4) weeks from today."

4. It is submitted by the learned counsel for the petitioner that he is not sure whether the interim order has been complied with or not.

5. The trial Court had passed a detailed order establishing the means even though the enquiry is of a summary nature. This being a fact finding aspect, this Court does not find any reason to interfere with the order of the trial Court on the aspect of the means of the petitioner. Further, there is no explanation from the petitioner as what he has done with the suit amount taken from the plaintiff. The Court would not be in a position to presume that the said amount is expended until the judgment debtor say so.

6. In view of the facts of this case, the ends of justice would be met, if the petitioner is granted nine (9) months time from today to pay the balance amount to the full satisfaction of the E.P. In default, the trial Court can proceed with the order dated 22.06.2013 for arrest of the petitioner without further reference to this Court.

7. With the above directions and observations, the Civil Revision Petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed.

_________________ NYAPATHY VIJAY,J Date: 30.08.2024

IS THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

CIVIL REVISION PETITION NO: 3018/2013

Date: 30.08.2024

IS