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2004 Supreme(AP) 1553

C.Y.SOMAYAJULU
Aravala Chinnamanna – Appellant
Versus
Bobbadi Chinnammadu – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) RESPONDENT filed E. P. No. 43 of 1989 in OS. No. 71 of 1986 on the file of the Principal Subordinate Judge, srikakulam, seeking arrest of the revision petitioners for non-compliance with the order dated 4-10-1988 in CMP No. 12983 of 1988 and CMP No. 15196 of 1988 in a. S. No. 2248 of 1988 on the file of this court, whereunder they were directed to pay certain amounts to the respondent. Revision petitioners filed a counter in E. P. No. 43 of 1989 contending that the order dated 4-10-1988 in CMP No. 12983 of 1988 and CMP No. 15196 of 1988 is not an executable order.

( 2 ) AFTER recording the evidence of the respondent and the ninth revision petitioner and after taking into consideration the documents produced by them, the executing Court overruled the objections of the revision petitioners and directed their arrest. Hence, this revision contending that since the order dated 4-10-1988 in CMP no. 12983 of 1988 and CMP No. 15196 of 1988 is not a decree within the meaning of Section 2 (2) of Code of Civil Procedure, it cannot be executed and that their remedy is to file a petition for contempt. When a conditional order passed by this court is not complied with,

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