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2012 Supreme(AP) 1050

B.N.RAO NALLA
P. Bhaskar Rao – Appellant
Versus
K. Sreenivasa Rao – Respondent


Advocates Appeared:
For the Petitioners:R.V. Prasad (919), Advocate.
For the Respondent:Sricharan Telaprolu (8640), Advocate.

Judgment

This Civil Revision Petition is filed against the order in E.P. No.87 of 2009, a petition under Order – XXI Rules -37 and 38 of the Code of Civil Procedure (for short ‘CPC’) for arrest and detention of the petitioner in civil prison, in O.S. No.290 of 2007 passed by the learned Principal Junior Civil Judge, Bapatla, whereby and whereunder the executive Court allowed the E.P. directing to issue warrant against the revision petitioner.

2. The revision petitioner herein is the judgment-debtor and the respondent is the decree-holder in the E.P. arising out of the suit referred supra for recovery of money.

3. For the sake of convenience, the parties are hereinafter referred to as they arrayed before the executive Court.

4. Heard the learned counsel on either side and perused the material available on record.

5. The point that arises for consideration in this revision is whether the executive Court has committed any error or infirmity in passing the impugned order?

6. The case of the decree-holder is that in spite of having sufficient means to pay the decreetal amount, the judgment-debtor is neglecting to discharge the same, as such, filed the impugned E.P. for his arrest and de






















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