KOLLE PRABHAKAR REDDY Vs. PAPOLU SAIDA RAO

JUDGEMENT

(1.) This Civil Revision Petition arises out of Order, dated 25th June, 2010, in E.P. No. 90 of 2004 in O.S. No. 86 of 1999, on the file of the Junior Civil Judge, Kodad.

(2.) The Petitioner is the judgment debtor in OS. No. 86 of 1999, in which he suffered a decree, on 15-07-2004, for Rs. 39,612/-with pendente lite interest @ 12 % p.a., and future interest @ 6% p.a. As the Petitioner failed to pay the decretal amount inspite of repeated demands by the Respondent-decree holder, the latter filed E.P. No. 90 of 2004, for the Petitioner's arrest and detention, under Order 21 Rules 37 to 40 of the Code of Civil Procedure, 1908. The Petitioner was able to successfully drag on the said EP for nearly six years and eventually, by Order, dated 25th June, 2010, the learned Junior Civil Judge, Kodad, dismissed the same by directing that the Petitioner be detained in civil prison for a period of three months for wilfully neglecting to pay the decretal amount. The Petitioner has sought for revision of the said Order in this Civil Revision Petition.

(3.) In the EP, the Respondent has pleaded that the Petitioner, who is a practicing advocate, is earning Rs. 20,000/-p.m.; that he is a panel advocate for Andhra Bank and; that he is also having landed & house properties, from which he is getting substantial income. It is, thus, the pleaded case of the Respondent that the Petitioner, having sufficient means to pay, is wilfully evading payment of the decretal amount.