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2022 Supreme(Online)(AP) 467

HIGH COURT OF ANDHRA PRADESH
B.S. BHANUMATHI, J
ALLA NAGESWARA RAO – Appellant
Versus
VEJENDLA VENKATESWARLU – Respondent


ORDER:

Since the execution Court dismissed the execution petition observing that DHr failed to prove means of JDr in spite of holding the fact that JDr has immovable properties under exhibits P1 and P2, this revision petition, under Section 115 of the Code of Civil Procedure, 1908, arose out of order, dated 24.04.2019, passed in E.P.No.100 of 2018 in O.S.No.182 of 2019, on the file of the Court of the Additional Senior Civil Judge, Ongole, filed under Order XXI Rules 37 & 38 CPC for realization of the decretal amount of Rs.4,71,008/- with subsequent interest by committing the JDr to civil prison.

2. Heard Sri Ancha Panduranga Rao, learned counsel appearing for the revision petitioner/DHr. In spite of service of notice, there is no representation for the respondent/Judgment Debtor (JDr).

3. The facts necessary and relevant, in brief, are as follows: The DHr filed a suit in O.S.No.182 of 2017 on the file of the Court of Additional Senior Civil Judge, Ongole, against the JDr for recovery of Rs.4,02,166/- with subsequent interest. The suit was decreed on 06.08.2018. According to the DHr, the JDr has means to discharge the decree debt in lump sum, as he is earning Rs.1 lakh per month by r

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