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2000 Supreme(AP) 8

VAMAN RAO
Saratchandra, Padhyannadange – Appellant
Versus
Gudiya Eswara Rao – Respondent


VAMAN RAO, J.

( 1 ) THIS revision petition is directed against the order of the learned Junior Civil Judge, sompeta dated 12-8-1999 passed in E. P. No. 4 of 1992 in O. S. No. 35 of 1985 under which on the petition of the decreeholder, arrest of the judgment-debtor has been ordered for executing a money decree.

( 2 ) THE contention on behalf of the decreeholder is that in spite of having means to satisfy the decree, the decreeholder has been avoiding payment of the decretal amount and hence his request for executing the decree by way of arrest and detention of the judgment-debtor in civil prison.

( 3 ) IN response to notice issued under order 21 Rule 37 of CPC, the judgmentdebtor appeared and filed his counter denying the material allegations.

( 4 ) AS seen from the order under revision, the judgment-debtor is alleged to have sufficient means by way of properties to enable him to pay the decretal amount but he has avoided to pay it. The defence on behalf of the judgment-debtor is that of denial of these allegations.

( 5 ) IT is further pleaded on his behalf that the judgment-debtor is a sickly man and he is suffering from jaundice as well as hypertension and blood pressure since long

















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