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B. S. BHANUMATHI
Yedida Surya Bhaskar Rao – Appellant
Versus
Reddy And Reddy Imports And Exports – Respondent
JUDGMENT
1. This Civil Revision Petition is filed under Article 227 of the Constitution of India by the petitioner/respondent against the order dtd. 29/11/2021 in E.P.No.37 of 2017 in O.S.No.16 of 2010 on the file of the court of Senior Civil Judge, Tadepalligudem, West Godavari District.
2. The petitioner is JDr and the respondent is DHr. DHr filed the execution petition to issue warrant of arrest against the JDr for realization of the decretal amount. The execution Court issued notice to JDr under Order 21 Rule 37(1) of CPC. In response thereto, the JDr appeared through a counsel and filed his counter denying the contention of the DHr as false. DHr further stated that he does not have any properties and is not earning Rs.2, 00, 000.00 on commission basis as alleged by the DHr. He further denied of having RCC building bearing Door No.6-4/1 of Bhuvanapalli. He claimed that he is unable to work due to his ill-health of Hepatitis ICD CODE K 76.9 with a portal hyper tension ICD CODE K 76.6 peripheral neuropathy ICD CODE G 90.0 and he is under treatment of Dr.I Nalini Prasad MD, DM, consultant of Gastrologist Dr.A.Geetha Priyadarshini MD, DM, Consultant, Endocrynologist. He further plac
The obligation of the decree-holder to establish the means of the judgment-debtor sufficient to discharge the decretal debt before issuing a warrant of arrest.
Issuance of conditional warrant of arrest in accordance with the provisions of Order 21 Rule 37 CPC.
Arrest of a judgment-debtor in civil proceedings requires strict adherence to procedural safeguards and evidence of willful neglect to pay.
Judicial authority must follow mandatory procedures in executing arrest, including notice and inquiries into the judgment-debtor's means of payment.
Judgments on execution of arbitral awards must be based on factual determinations of debtor's means, and the High Court's revision allows interference only for jurisdictional errors, not fact re-eval....
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