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2019 Supreme(AP) 100

M.SEETHARAMA MURTI
Beeram Guru Prasad – Appellant
Versus
Margadarsi Chit Fund Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : M. Ramakanth
For the Respondents: P. Durga Prasad

ORDER :

M. Seetharama Murti, J.

1. This civil revision petition, under Article 227 of the Constitution of India, is filed by the unsuccessful 2nd respondent-2nd JDr assailing the order, dated 15.7.2015, of the learned Principal Senior Civil Judge, Guntur, passed in EP No. 286 of 2013 in OS No. 76 of 2011.

2. I have heard the submissions of the learned Counsel for the revision petitioner-2nd JDr ['2nd JDr', for short] and of the learned Counsel for the 1st respondent-DHr ['DHr', for short]. Respondents 2 to 7-JDrs 1, 3 to 6 and 7 are stated to be not necessary parties. I have perused the material record.

3. After the original suit of the DHr Chit Fund Company was decreed, on 13.4.2012, the subject execution petition was filed for arrest of the JDrs 2, 3 and 5 for realization of the decree amount. The DHr pleaded that the said JDrs are paying income tax and that amongst the said three JDrs, the 2nd JDr is proprietor of M/s. Sai Lakshmi Sewing Machines at Station Road, Guntur, and that he is getting an income of Rs. 25,000/- per month and is having sufficient means and capacity to pay, in one lumpsum, the amount due under the decree and that if arrest is ordered, the 2nd JDr will pay the

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