THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P.No. 1230 of 2012 Date of Judgment: 22.8.2014 Between:
Gadupudi Ramesh …Petitioner And Pamidi Rataiah ..Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No. 1230 of 2012 ORDER:
The petitioner/judgment debtor is aggrieved by the order of Executing Court-Senior Civil Judge, Addanki, dated 29.2.2012 in E.P.No. 4 of 2011 in O.S.No. 91 of 2009 whereby warrant of arrest was ordered to be issued against him in execution of the decree.
I have heard learned counsel for the petitioner/judgment debtor as well as learned counsel for the respondent/decree holder.
It is evident from the findings of the Executing Court under the impugned order that the petitioner/judgment debtor owns properties, apart from running a rice mill and getting rental income and he has sufficient means and neglected to discharge the decretal amount. In that view of the matter, I am not inclined to interfere with the impugned order.
However, the learned counsel for the petitioner has made an alternative plea that the petitioner/judgment debtor may be given three months’ time to discharge the decretal amount. In the interest of justice, the judgment debtor is granted three months’ time from today to pay the entire decretal amount to the decree holder by depositing the same with the Executing Court, in default the Executing Court shall be at liberty to proceed further in execution of the decree.
The order of arrest shall remain stayed for a period of three months.
Attachment of judgment debtor’s property already effected shall, however, remain undisturbed till full satisfaction is recorded.
If any amount already deposited by the judgment debtor shall be given credit to and the decree holder is permitted to withdraw the amount already deposited and to be deposited by the judgment debtor without furnishing security.
The revision petition is accordingly disposed of. Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 22.8.2014 KR