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2023 Supreme(AP) 725

CHEEKATI MANAVENDRANATH ROY
G. V. Rama Krishna Rao – Appellant
Versus
Arumilli Karuna Kumar – Respondent


Advocates Appeared:
For the Petitioner: G. Simhadri.
For the Respondent: A.S.C. Bose.

ORDER :

Assailing the order, dated 17.04.2023, passed in E.P.No.115 of 2022 in O.S.No.499 of 2016 on the file of the learned Principal Senior Civil Judge, Kakinada, whereby the petition filed under Order 21, Rule 11, Rule 37 and Rule 38 and Section 55 CPC, for issuance of warrant of arrest against the Judgment Debtor (J.Dr.) and to detain him in civil prison for realisation of the decretal amount, was allowed and warrant of arrest was issued under Rule 38 against the J.Dr. on payment of process, the present Civil Revision Petition has been preferred by the J.Dr.

2. Heard learned counsel for the petitioner and learned counsel for the respondent.

3. The parties will be referred to as they are arrayed in the Execution Petition filed seeking issuance of warrant of arrest and detention of the J.Dr. in the civil prison.

4. The decree holder (D.Hr.) has filed a Suit for recovery of the suit amount on the foot of a promissory note against the J.Dr. The said Suit was decreed against the J.Dr. on 06.02.2017. No appeal was preferred against the said judgment and decree. Therefore, the said judgment became final. As the J.Dr. failed to pay the decretal amount, the D.Hr. has earlier filed a petitio

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