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2026 Supreme(AP) 800

2026 APHC 18563
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI CHEEMALAPATI, J.
P.Purushotham Reddy S/o. P. Narayana Reddy - Appellant
Vs.
R Munwar Basha, S/o. Mazeed Saheb - Respondent
Civil Revision Petition No. 2902 of 2023 Along with Civil Revision Petition Nos.2601 & 2694 of 2023
Decided On : 01-05-2026
Advocate Appeared :
For the Appellant : N Pramod
For the Respondent : Ayesha Azma S

ORDER :

RAVI CHEEMALAPATI, J.

(i) Civil Revision Petition vide CRP No.2902 of 2023 is filed questioning the legality and correctness of the order dated 13.10.2023 passed in I.A.No.26 of 2018 in I.P.No.7 of 2018 by the learned Senior Civil Judge, Punganur.

(ii) The Civil Revision Petition vide CRP No.2601 of 2023 is filed questioning the legality and correctness of the Docket order dated 03.10.2023 passed in E.P.No.29 of 2016 in O.S.No.118 of 2014 by the learned Principal Senior Civil Judge, Madanapalle.

(iii) The Civil Revision Petition vide CRP No.2694 of 2023 is filed questioning the legality and correctness of the Docket order dated 03.10.2023 passed in E.P.No.30 of 2016 in O.S.No.1 of 2015 by the learned Principal Senior Civil Judge, Madanapalle.

(iv) The Docket orders dated 03.10.2023 passed in E.P.Nos.29 & 30 of 2016 would show that since no interim protection orders were passed in I.A.No.26 of 2018 in I.P.No.7 of 2018 by the learned Senior Civil Judge, Punganur, arrest warrants were issued against the J.Dr.with police aid.

(v) Since all the Civil Revision Petitions are connected with I.A.No.26 of 2018 in I.P.No.7 of 2018, all of them were consolidated and were heard together and are being disposed of by this common order.

2. The petitioner is the petitioner and respondents are respondents in I.P.No.7 of 2018.

3. The facts that led to filing of CRP No.2902 of 2023, in brief, are that:

(i) The petitioner filed I.P.No.7 of 2018 under Section 10 of the Provincial Insolvency Act to adjudicate him as insolvent. Pending disposal of the said petition, the petitioner filed I.A.No.26 of 2018 under section 31 of the Provincial Insolvency Act (hereinafter, referred to as ‘the Act’) to issue protection order directing respondents not to threaten and not to take steps for arrest of petitioner in execution petitions till disposal of the insolvency petition, contending that some of the respondents filed suits against him and respondent no.1 filed E.P.No.17 of 2016 and respondent no.2 filed E.P.No. 29 of 2016, respondent no.3 filed E.P.No.30 of 2016 for his arrest, whereas respondent no.13 filed C.C.No.349 of 2015 under section 138 of Negotiable Instruments Act with an intention to harass him.

(ii) The respondent nos.1 to 3 filed counters contending that the present petition is filed only with a view to escape the arrest and discharge the genuine debts and defraud the decree holders from realizing the fruits of the decree. It is further contended that section 31 of the Act only comes in to play only after declaring the petitioner as insolvent.

(iii) The learned trial Judge, upon hearing the counsel on record and upon perusing the material available on record, dismissed the petition holding that protection under Section 31 of the Act can be granted only after adjudicating the petitioner as insolvent.

(iv) The said dismissal order was assailed in CRP No.2902 of 2023.

4. The facts that led to filing of CRP Nos.2601 & 2694 of 2023, in brief, are that, for realisation of the decretal amount, the Decree holders filed Execution Petitions vide E.P.Nos.29 & 30 of 2016 for arrest of the Judgment Debtor. The Judgment Debtor/ petitioner filed counter stating that he filed I.P.No.7 of 2018 on the file of the Court of the learned Senior Civil Judge, Punganur and also filed I.A.No.26 of 2018 seeking protection order wherein interim orders of protection were passed which were in force till 07.03.2022 and thereafter the said interim protection order was not extended and hence the Judgment Debtor filed petition seeking extension of interim protection order and also filed I.A.No.52 of 2022 for grant of stay of all further proceedings in the Execution Petition till disposal of I.P.No.7 of 2018 and the same is posted to 18.11.2022. Thereafter, the Judgment Debtor, questioning the arrest warrant issued against him in the subject E.P., filed Civil Revision Petition vide C.R.P.No.2228 of 2023 and the same was disposed of with a direction to the learned Senior Civil Judge,

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