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2019 Supreme(AP) 56

U.DURGA PRASAD RAO, U.DURGA PRASAD RAO
Rajeti Prabhakara Rao – Appellant
Versus
Mosa Satyavathi – Respondent


Advocates Appeared:
For the Appellant : A. Ravindra Babu

ORDER :

U. Durga Prasad Rao, J.

1. The challenge in the C.R.P. at the instance of the decree holder is to the order dated 22.10.2018 in EP No. 54 of 2017 in OS No. 274 of 2016 passed by the learned Principal Junior Civil Judge, Rajamahendravaram dismissing the petition filed by him under Order XXI Rule 37 CPC seeking the Court to issue arrest warrant against the judgment debtors 3 and 4 and commit them to civil prison for realization of the amount.

2. The factual matrix of the case is thus:

The decree holder filed OS No. 274 of 2016 against the judgment debtors/defendants 1 to 4 for recovery of Rs. 55,520/- on the strength of a promissory note and the defendants remained ex parte and said suit was ultimately decreed in favour of the plaintiff on 20.7.2016. Thereupon the D.Hr filed EP No. 54 of 2017 with prayer to issue notice under Order XXI Rule 37 CPC to the judgment debtors 3 and 4 to comply the decree directions and on their failure to commit them to civil prison. In the affidavit filed in support of E.P., he stated that the judgment debtors 2 to 4 are eking livelihood by doing works and getting salary of Rs. 25,000/- per month each and inspite of having sufficient means and capaci

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