GOURU GIRIDHARA RAO Vs. MANGI GANGAYYA

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner/Decree holder/plaintiff under sec. 115 of Civil Procedure Code (in short CPC) against the Orders passed by the learned Principal Junior Civil Judge, Sompeta in EP No. 6 of 2013 in OS. No. 23 of 2010, wherein and whereby the learned trial Judge dismissed by the petition filed by the Decree holder seeking for arrest and detention of the respondent/Judgment debtor in civil prison in realization of his decretal amount.

(2.) The case of the revision petitioner in brief is that he obtained money decree against the respondent on 26/11/2012 for a sum of Rs.29,500.00 and after passing of the decree, he demanded the respondent to repay the decretal amount, but in vain. It is the contention of the petitioner before the trial Court that the respondent/Judgment debtor in spite of having movable and immovable properties and getting income, intentionally evading to pay the decretal amount due to that he is liable to be detained in civil prison.

(3.) The respondent filed counter before the trial Court, denying the allegations made in the affidavit of the petitioner. It is the contention of the respondent in his counter that he filed appeal suit 5 of 2013 on the file of Senior Civil Judge Court, Sompeta against the Judgment and decree, dtd. 26/11/2012 passed in OS. No. 23 of 2010 and the said appeal is pending. He submits that he has no means to pay the decretal amount and he is aged 65 years and suffering from ill-health and not liable for arrest and detention in civil prison. He prays to dismiss the petition.