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2004 Supreme(AP) 466

D.S.R.VERMA
K. Vijayakumar – Appellant
Versus
N. Gururaja Rao – Respondent


D. S. R. VARMA, J.

( 1 ) HEARD both sides.

( 2 ) THIS civil revision petition is directed against the order and decree, dated 22. 10. 2003, passed by the Additional Senior Civil Judge at Kumool, allowing E. P. No. 258 of 2002 in o. S. No. 53 of 2001 filed under Order 21, rule 38 of the Code of Civil Procedure seeking arrest of the judgment-debtor.

( 3 ) THE petitioner herein is the judgment-debtor and the respondent is the decree-holder.

( 4 ) FOR the sake of convenience, the petitioner and the respondent will be referred to as "the judgment-debtor and decree-holder" respectively.

( 5 ) THE facts, which are not in disputes, are that the judgment-debtor suffered a decree in the said suit and the decree-holder filed the present E. P. , seeking arrest and commit the judgment-debtor to civil prison.

( 6 ) THE judgment-debtor filed counter-affidavit stating that he has been working as an officer in Sangameshwara Grameena bank at Mahaboobnagar; that he is getting a sum of Rs. 15,000. 00 per month towards salary; that the decree-holder ought to have filed an application for attachment of the salary of the judgment-debtor and that only with an intention to cause harassment to the judgment-d

































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