DISTRICT COLLECTOR MAHABUBNAGAR Vs. SAYANNA

JUDGEMENT

(1.) THIS CRP filed in the year 1995 arises out of the warrant of arrest issued against the District Collector, Mahabubnagar for non-execution of the orders in E.P. No.24/94 dated 30-3-95 and 4-5-95. On 30-3-95, the following order was passed. "Counter not filed Judgment-debtors are set ex parte. Issue warrant of arrest". On 4-5-95, the District Munsif, Mahabubnagar ordered issuance of fresh warrants of arrest and posted the case to 29-6-95. Aggrieved by these orders, the present CRP is filed. The contention raised in the CRP is that in view of the fact that the impugned decree passed in O.S. No.160/81 as affirmed in A.S. No.34/93 has been questioned in a Second Appeal filed with a petition to condone the delay (of about ten years), the warrant of arrest ought not to be enforced. Just now, we have dismissed the petition to condone the delay. Hence, the Second Appeal stands dismissed in limine. In view of the disposal of the Second Appeal, the logical consequence is that consequential steps have to be taken to implement the decree. In case of failure to do so, it is open to the respondents to file a fresh petition for execution. In view of the change of Officers and long pendency of the Second Appeal (SR), we do not consider it just and proper to allow the same warrant of arrest to be operative at this point of time. It is open to the respondents to file a similar application afresh in case of non-implementation of the decree. The impugned warrant of arrest is set aside. The CRP is disposed of accordingly.