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2015 Supreme(AP) 936

A.RAMALINGESWARA RAO
Kunkunta Narsimha – Appellant
Versus
Syed Zainulabuddhin – Respondent


Advocates Appeared:
For the Petitioner: M. Rama Rao, Counsel
For the Respondent: M. Raja Malla Reddy, Counsel

ORDER :

A. Ramalingeswara Rao, J.

This Civil Revision Petition is directed against the order dated 10.07.2013 in E.P.No.75 of 2013 in O.S.No.477 of 2004 passed by the learned Junior Civil Judge, Nalgonda District (for short, trial Court).

2. The judgment debtor in the suit for permanent injunction is the petitioner and thedecree holder is the respondent herein. The suit, O.S.No.477 of 2004 filed by the respondent, was dismissed on 16.03.2009 and the respondent preferred an appeal in A.S.No.48 of 2010 and the same was allowed by the learned I Additional District Judge at Nalgonda (for short, appellate Court) on 01.03.2012. The respondent filed E.P.No.75 of 2013 before the trial Court seeking arrest of the petitioner herein under Order XXI Rule 37 of the Civil Procedure Code (for short, Code) with the following averments.

" The decree holder filed suit for the relief of perpetual injunction in respect of the suit schedule property against the judgment debtor herein vide O.S.No.477/2004 on the file of Junior Civil Judge, Nalgonda. It was dismissed on 16-03-2009. Against the said decree and judgment, the decree holder filed appeal before the Hon'ble 1st Addl. District Judge, Nalgonda vide






































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