ANANT GOPINATH KESSARKAR Vs. TEODORO JACOB FERNANDES

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Respondents waive service. Taken up for hearing.

(2.) By this petition, the petitioner challenges the order passed by the Adhoc District Judge, South Goa, Margao dated 7 February 2013 allowing the Misc. Appeal filed by the respondents against the order passed by the Civil Judge, Senior Division, Margao directing that the respondents be detained in civil prison for 90 days.

(3.) The petitioner had filed execution application in the Court of Civil Judge, Senior Division, Margao against the respondents for recovery of Rs.5,62,750/-. In the execution proceedings an application was filed by the petitioner under Order XXI Rule 41(3) of Civil Procedure Code, seeking a direction to the respondents to file their affidavit of assets. This application was allowed by the learned Civil Judge on the same day. Thereafter, the execution application came up on board before the learned Civil Judge wherein the learned Civil Judge observed that inspite of opportunities given, the respondents had not filed their affidavit of assets and therefore they were guilty of disobedience of the order. Thereafter, the advocate for the respondents appeared and stated that the affidavit of assets has been filed. The learned Civil Judge held that, since the respondents had not filed affidavit of assets in time, they are engaged in dilatory practice and, accordingly, directed that they should be detained in civil prison for 90 days.