KAKUMANU VENKATA HANUMANTHU RAO GUPTA Vs. S.BALAIAH

JUDGEMENT

(1.) These Civil Revision Petitions have been filed against the common order, dated 10.02.2020 in I.A.Nos.51 and 52 of 2020 in E.P.No.31 of 2013 in O.S.No.198 of 2011, on the file of the XII Additional District Judge-cum-Judge, Family Court at Guntur.

(2.) The petitioner is the 3rd Judgment Debtor and 3rd defendant and the respondent is Decree Holder and Plaintiff in O.S.No.198 of 2011.

(3.) The facts of the case are that the respondent herein filed a suit in O.S.No.198 of 2011 for recovery of money against the petitioner herein and suit was decreed and to execute the decree, the respondent filed E.P.No.31 of 2013. In the said E.P. the respondent sought for the relief to send the petitioners 2 and 3, who are Managing Director and Director, to prison under Order 21, Rules 37 and 38 of C.P.C as they wantonly not paid the decretal amount, though they have capacity. In the main E.P., the Judgment Debtors 2 and 3 filed their counter and the evidence of the Decree Holder was recorded as PW.1 and the evidence of the Judgment Debtors 2 and 3 was recorded as R.Ws.1 and 2.