SAMANTHAPUDI SRINIVASA NAGA RAJU Vs. KOTA JAYASREE

JUDGEMENT

(1.) I have heard both sides.

(2.) This Civil Revision Petition is filed by the petitioner/Judgment-debtor (J.Dr.) under Sec. 115 of Civil Procedure Code against the orders passed by the learned Senior Civil Judge, Addanki, in E.P.No.40 of 2014 in O.S.No.1007 of 2012 dtd. 10/2/2015, wherein and whereby the executing Court overruled the objection raised by the petitioner and ordered for attachment and sale of execution petition schedule property for realization of decretal amount by the respondent/Decree-holder (D.Hr.).

(3.) The case of the respondent/D.Hr. before executing Court is that he filed suit for recovery of money against the petitioner/J.Dr. on the file of the Court of III Additional Senior Civil Judge, Vijayawada, which suit decreed on 11/2/2013 for an amount of Rs.1,39,667.00 with subsequent interest. The respondent/D.Hr. alleged that inspite of repeated demands, revision petitioner/J.Dr. not repaid the decretal amount and he is intentionally avoided to repay the same on one pretext or other and prays to attach and sale execution petition schedule property in Court auction by ordering proclamation under Order XXI Rule 64 and 66 CPC.