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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
Arudra Satyanarayana – Appellant
Versus
Guntuku Ramchander – Respondent
ORDER :
1. Heard Sri P.Rama Sharana Sharma, learned counsel appearing on behalf of the petitioner and Sri P.Ravi Kiran, learned counsel appearing on behalf of respondent.
2. The petitioner filed the Civil Revision Petition seeking the prayer as under:
“….pleased to set aside the impugned order in EP No.63 of 2023 in O.S.No.21 of 2019, dated 05.03.2025, on the file of Hon’ble Principal Senior Civil Judge at Kothagudem, Bhadradri Kothagudem District in the interest of justice and pass such other and further orders…”
3. This Civil Revision Petition by Judgment Debtor/Defendant is filed against the order, dated 05.03.2025 in E.P.No.63 of 2023 in O.S.No.21 of 2019 on the file of the Principal Senior Civil Judge at Kothagudem, Bhadradri Kothagudem District, whereby and whereunder the execution petition filed by the Decree Holders/Plaintiff under Order-XXI Rules-37 & 38 of Civil Procedure Code of 1908 is allowed and the judgment Debtor/ Defendant is ordered to be arrested and detained in Civil Prison for a period of two (02) months or till the payment of the Decreetal debt is made, whichever is earlier.
4. The Decree holder/plaintiff filed the execution petition seeking arrest of the judgment
The court clarified that mere default in paying a decree is insufficient for incarceration; evidence of bad faith and refusal to pay despite having means is required.
The court emphasized the need to establish an attitude of refusal on demand and the debtor's means to pay the decree or a substantial part of it.
Arrest of a judgment-debtor in civil proceedings requires strict adherence to procedural safeguards and evidence of willful neglect to pay.
Arrest of a judgment-debtor for non-payment requires evidence of bad faith or willful neglect, and other execution methods must be considered first.
Provisions under Section 51 C.P.C. read with Rule 37 of Order and (sic. are) concerned in the interest of the protection of the liberty and freedom of the J. Dr. which the Code considers to be of par....
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