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T. Pedda Narasimhulu Another vs Arav Ushanna
2022 Latest Caselaw 900 Tel

Citation : 2022 Latest Caselaw 900 Tel
Judgement Date : 24 February, 2022

Telangana High Court
T. Pedda Narasimhulu Another vs Arav Ushanna on 24 February, 2022
Bench: A.Venkateshwara Reddy
          HIGH COURT OF JUDICATURE AT HYDERABAD
    FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA
                          PRADESH

           MONDAY, THE TWENTY FIRST DAY OF MARCH,
                  TWO THOUSAND AND SIXTEEN
                            PRESENT
        THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

                           C.R.P.No. 1535 of 2016
Between:
1 T. Pedda Narasimhulu, S/o Jammanna,
2 T. Chinna Narasimhulu, S/o Jammanna,
                                                      Petitioners/Respondents
                                                            (J.Drs./Defendants)
                                  AND
Arav Ushanna, S/o A. Shathappa, Occ; Business, Occ: Business, R/o H.No.1-
9-44/45, Viewers Colny, Gadwal Town and Mandal, Mahaboobnagar
District.
                                                     Respondent/Petitioner
                                                            (D.Hr/Plaintiff)

    Petition filed under Section 115 of C.P.C., praying that this High Court may
be pleased to allow the C.R.P., by setting aside the order dt. 12-2-2016 passed
in E.P.No. 16 of 2012 in O.S.No.15 of 2010 on the file of the Senior Civil Judge
at Gadwal.

    The petition coming on for hearing, upon perusing the Petition and the
grounds filed herein, and upon hearing the arguments of Smt. P. Vijaya
Lakshmi, Advocate for the Petitioners, the Court made the following

ORDER

"This Civil Revision Petition is filed against the order dated 12.02.2016, in E.P.No.16 of 2012 in O.S.No.15 of 2010 on the file of the learned Senior Civil Judge at Gadwal, issuing warrant of arrest against the judgment debtors 1 and 2 for realization of the decretal amount in the suit.

Learned Counsel for the petitioners submits that the judgment debtors are in financial difficulty and they are not in a position to pay the decretal amount immediately. But, this Court is not satisfied with the said plea, as this is a case of money decree where the lower Court gave a finding that the judgment debtors have means to pay the amount.

However, in the interest of justice, the order dated 12.02.2016, in E.P.No.16 of 2012 in O.S.No.15 of 2010 on the file of the learned Senior Civil Judge at Gadwal, is stayed until further orders, on condition of the petitioners depositing an amount of Rs.1,00,000/- (Rupees one lakh only) within four weeks from today before the lower Court, and the respondent/decree holder is permitted to withdraw the amount without furnishing any security.

Post the Civil Revision Petition "for admission" on 25.04.2016."

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To

1. The Senior Civil Judge at Gadwal, Mahabubnagar District.

2. Arav Ushanna, S/o A. Shathappa, Occ; Business, Occ: Business, R/o H.No.1-9-44/45, Viewers Colny, Gadwal Town and Mandal, Mahaboobnagar District. (BY RPAD)

3. One CC to Smt. P. Vijaya Lakshmi, Advocate (OPUC)

4. One Spare copy KK

HIGH COURT

ARLRJ

DT. 21-3-2016

NOTE: POST THE CIVIL REVISION PETITION "FOR ADMISSION" ON 25.04.2016

ORDER

C.R.P.NO.1535 OF 2016 STAY

Drafted by: KK Drafted on: 21-3-2016

HIGH COURT

ARLRJ

DT. 21-3-2016

NOTE: POST THE CIVIL REVISION PETITION "FOR ADMISSION" ON 25.04.2016 ORDER

C.R.P.NO.1535 OF 2016

STAY

 
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