THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.857 of 2014 Between:
Dated 20th June, 2014 Dintakurthy Gurunadham And Devarala Tirupathaiah …Petitioner …Respondent Counsel for the petitioner: Sri Venkateswarlu Sanisetty Counsel for the respondent: ----
The Court made the following:
ORDER:
This civil revision petition arises out of order, dated 12.12.2013, in E.P.No.85 of 2012 in O.S.No.413 of 2009, on the file of the learned I Additional Junior Civil Judge, Ongole.
The petitioner filed the above-mentioned suit for recovery of money. The said suit having been decreed, the petitioner filed E.P.No.85 of 2012 for execution of the decree by arrest and detention of the respondent/judgment debtor in civil prison under Order XXI Rules 37 and 38 CPC. The said EP was dismissed by the lower Court on the ground that except pleading that the respondent has no sufficient means, no evidence is adduced to prove the said plea.
A perusal of the record shows that the petitioner has filed Ex.P1, encumbrance certificate, and Ex.P2, electricity bill, which by themselves do not show that the respondent possesses the property sufficient for discharging the decreetal amount.
On a careful consideration of the pleadings and evidence on record, the lower Court has dismissed the EP and in my view rightly so. Therefore, I do not find any illegality or impropriety in the order of the lower Court warranting interference of this Court in exercise of its revisional jurisdiction.
The civil revision petition is accordingly dismissed.
C.V.NAGARJUNA REDDY, J 20th June, 2014
VGB