K VEERA REDDY Vs. SHAIKSHAVALI

JUDGEMENT

(1.) THE petitioner filed OS No. 10 of 2005 in the Court of Principal Junior Civil Judge, Dhone, Kurnool District, against the respondents. THE suit was decreed on 28.3.2005. Stating that the respondents did not discharge the obligation under the decree, the petitioner filed EP No. 187 of 2009 under Rules 37 and 38 of Order XXI of CPC, with a prayer to send the 1st respondent to civil prison. THE 1st respondent filed counter, stating that he has paid the entire decretal amount and that the petitioner issued a receipt in acknowledgement thereof. THE Village Elders are stated to have attested the receipt. It was further urged that the petitioner promised to report full satisfaction, but he did not do so. THE executing Court dismissed the E.P., through order dated 16.7.2010. Hence, the CRP.

(2.) HEARD Sri Pottigari Sridhar Reddy, learned Counsel for the petitioner. Though the 1st respondent is served with notice, he has not chosen to enter appearance.

(3.) ASSUMING that the payment pleaded by the 1 st respondent is true, the Executing Court ought not to have taken the same into account. The reason is that it was not recorded by it, as provided for under Rule 2 of Order XXI CPC.