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2025 Supreme(Online)(AP) 3798

HIGH COURT OF ANDHRA PRADESH
SUMATHI JAGADAM, J
M.B.RAJA SEKHAR – Appellant
Versus
J.SUDHAKAR CHOWDARY – Respondent


Advocates:
Sri G.R. Sudhakar, Sri Sajid Kallur

ORDER

This Civil Revision Petition, under Article 227 of the Constitution of India , is filed by the petitioner seeking to set-aside the order, dated 26.07.2022, passed in E.P. No.129 of 2015 in O.S. No.214 of 2014 by the learned Senior Civil Judge, Gooty, Anantapuram District whereby and whereunder the learned Senior Civil Judge allowed the Execution Petition filed by the petitioner/decree holder, under Order XXI Rules 37 and 38 of C.P.C., by holding that the respondent/judgment debtor be sent to civil prison for three (3) months for realization of Execution Petition amount.

2. The only question that arises for consideration is whether the petitioner/judgment debtor is an agricultural coolie working for daily wages based on the availability of work and whether the property shown by the respondent/decree holder belongs to the wife of the petitioner?

3. From a perusal of the impugned order, it does not appear that the respondent/decree was able to prove that the petitioner herein is not a coolie and the learned trial Court Judge held as follows:

The respondent/plaintiff filed O.S. No.214 of 2014 before the trial Court to recover the amount under the suit promissory note and a decree wa

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