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2010 Supreme(AP) 130

R.KANTHA RAO
Patnana Venkataramana – Appellant
Versus
Vungatla Appa Rao – Respondent


Advocates Appeared:
For the Petitioners:K. Subrhmanyam, Advocate. For the Respondent: ----

Judgment :

I have heard the learned counsel appearing for the revision petitioner. None appears for the respondent.

2. The revision petition is filed under Article 227 of the Constitution of India Challenging the decree and order dated 05-12-2005 passed by the Principal Junior Civil Judge, Bobbili in E.P. No.51 of 2005 in O.S. No.50 of 2004.

3. The respondent having obtained a money decree in O.S. No.50 of 2004 for an amount of Rs.39,510/- filed E.P. No.51 of 2005 for realization of the decretal amount by means of arrest and detention of the revision petitioner/judgment debtor in civil prison.

4. Before the executing Court, on behalf of the Decree Holder PW-1 was examine and on behalf of the judgment debtor RW1 was examined.

5. On considering the entire evidence on record, the learned executing Court allowed E.P. by ordering the arrest and detention of the judgment debtor in civil prison. Feeling aggrieved, the revision petitioner/judgment debtor filed the present revision petition.

6. It has been contended on behalf of the revision petitioner that there was no sufficient evidence adduced by the respondent/decree holder before the executing Court in the E.P. in proof of the fact th





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