KOWURI MALLIKARJUNA REDDI Vs. KOTA SANKARA RAO

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 16-4-2002 passed in E.P.No. 30 of 2001 in O.S.No. 71 of 2000 on the file of Senior Civil Judge, Bobbili, whereby the learned Senior civil Judge dismissed the execution application filed by the petitioner herein seeking detention of the respondent-judgment debtor in civil prison for realization of the decretal amount.

(2.) The petitioner herein is the decree holder. He filed E.P.No. 30 of 2001 under Order 21 Rule 37 and Section 55 CPC seeking arrest and detention of the respondent-Judgment debtor in civil prison for realization of decretal amount.

(3.) The respondent-judgment debtor filed counter stating that he has no means to pay the decretal debt. On behalf of the petitioner-decree holder, he got himself examined as P.W. 1 and examined Posala Rajasekhara Rao as P.W. 2. On behalf of the respondent-judgment debtor, he got himself examined as R.W. 1. P.W. 1 testifies that the respondent-judgment debtor is a contractor earning Rs. 20,000/- per month and so he has sufficient means to pay the decretal debt. P.W. 2 is said to be a material supplier. It is his evidence that he supplied material to the respondent-judgment debtor for his construction activities. Both the witnesses admitted that they have no proof to show that the respondent-judgment debtor has real estate business and that he was earning Rs. 20,000/- per month. The Court below considered the evidence of P.Ws. 1 & 2 and observed as follows: "