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2023 Supreme(Online)(AP) 14095

HIGH COURT OF ANDHRA PRADESH
B.S. BHANUMATHI, J
K.GOPAL REDDY – Appellant
Versus
NIRIGANTI.ASWARTHAMA – Respondent


ORDER :

The Civil Revision Petition is filed by J.Dr.No.3 under Section 115 of Code of Civil Procedure against the order dated 28.10.2022 allowing the petition in E.P.No.26 of 2017 in O.P.No.28 of 2012 on the file of the Court of II Additional District Judge, Hindupur filed under Order 21, Rules 37 and 38 CPC by arrest and detention of the J.Drs.No.1, 3 and 4 for realization of the decreetal amount of Rs.4,69,793/-.

2. The D.Hr. stated that she has a decree against J.Drs.No.1, 3 and 4 in O.P.No.28 of 2012 granting compensation in relation to the motor vehicle accident. D.Hr. further stated that there has been no appeal filed against the said decree and therefore it is executable against these J.Drs. and that these J.Drs., having sufficient means to satisfy the decree failed to discharge the same and are trying to drag on the proceedings without making any payment.

3. J.Drs.No.1, 3 and 4 filed separate counters. J.Dr.No.3 filed counter stating that he has no means to pay and that E.P. amount is excessive. This J.Dr. further stated that the accident occurred only due to negligence act of J.Drs.No.1 and 4 and the said vehicle was in the custody of J.Dr.No.1 who is owner of it and furthe

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