V.V.Ramana vs Shaik Maqbool
2024 Latest Caselaw 7909 AP

Citation : 2024 Latest Caselaw 7909 AP
Judgement Date : 30 August, 2024

Andhra Pradesh High Court - Amravati

V.V.Ramana vs Shaik Maqbool on 30 August, 2024

APHC010435682013 IN THE HIGH COURT OF ANDHRA
                             PRADESH
                                                   [3460]
                          AT AMARAVATI
                   (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: 2813/2013

Between:

V.v.ramana                                        ...PETITIONER

                                 AND

Shaik Maqbool                                    ...RESPONDENT

Counsel for the Petitioner:

     1. J JANAKIRAMI REDDY

Counsel for the Respondent:

     1. K JAFFAR SAB

The Court made the following:

ORDER:

1. The present Revision is filed against the order dated 08.04.2013 in E.P.No.27 of 2012 in O.S.No.218 of 2007 passed by the II Additional Junior Civil Judge, Kurnool.

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 15.07.2013, as follows:

"Notice before admission.

There shall be stay of operation of the order passed in E.p.No.27 of 2012 in O.S.No.218 of 2007, dated 08.04.2013 on the file of the II Additional Junior Civil Judge, Kurnool on condition of the petitioner-judgment debtor/defendant depositing 1/3rd of the decreetal amount within a period of one month from today, before the trial Court.

Post after four (4) weeks."

4. 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.

5. 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 15.07.2013 for arrest of the petitioner without further reference to this Court.

6. 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: 22.08.2024

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

CIVIL REVISION PETITION NO: 2813/2013

Date: 30.08.2024