ERRAMREDDY INDRASENA REDDY Vs. PALVAI AMARENDER REDDY

JUDGEMENT

(1.) The decree holder in E.P. No. 412 of 2000 in O.S. No. 126 of 1997 on the file of the II Additional Junior Civil Judge, Warangal laid this revision questioning the orders of the execution Court dated 09.08.2004. The decree holder laid the execution petition under Order 21 Rule 32 of the Code of Civil Procedure (Code of Code of Civil Procedure) seeking for the arrest and detention of the judgment debtor in the civil prison for not honouring the decree. Through a very well written impugned order, the execution Court dismissed the execution petition. Inter alia, the execution Court held that petition under Order 21 Rule 32 Code of Civil Procedure would not lie and an execution petition under Order 21 Rule 35 Indian Penal Code might lie against the judgment debtor. The learned Judge also held that the execution Court cannot go beyond the decree.

(2.) The third daughter of the decree holder by name Sobha was given in marriage to the judgment debtor in 1986. It is the case of the judgment debtor that the decree holder settled 680 square yards of house plot in Survey No. 1003 situate at Hunter Road, Srinivasanagar Colony, Hanumakonda, in favour of his daughter Sobha towards pusupu kunkuma by announcing the same in the presence of the elders and the members of the family. It is the further case of the judgment debtor that he constructed a two portioned house bearing door No. 1-7-859 in the plot received by his wife by way of settlement from her father, that the premises constructed by the judgment debtor consists of two portions and that the rear portion of the premises was used as residential premises and the front portion of the premises has been used as office. The wife of the judgment debtor (Sobha) gave birth to a daughter by name Keerthana and a son by name Karthik.

(3.) Unfortunately, Sobha died shortly after she gave birth to her son. It is indeed the case of the judgment debtor that Sobha was suffering from heart ailment even prior to her marriage and that Sobha died on account of her health probleMs. Be that as it may, fortunately there is No. dispute about the nature of the death of Sobha, whether it was natural, owing to ill-health or was suspicious.