S MOSES Vs. KATURI SEETA RAM DAS

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order in E.P. directing arrest of the judgment-debtor.

(2.) In O.S.No. 143 of 1982 on the file of the Subordinate Judge, Narsapur, a money decree was passed against the petitioner herein. Against that decree, A.S.No. 956 of 1993 was filed by the petitioner. This Court granted conditional stay on 19-4-1993. The petitioner failed to deposit half the decretal amount as stipulated in the interim order of this Court. Thus the stay order became inoperative and the decree is liable to be executed. It appears that the petitioner preferred a Special Leave Petition in the Supreme Court against the order passed in the C.M.P. It is not known whether the Special Leave Petition has been disposed of or not.

(3.) While so, the respondent-decree holder filed E.P.No. 46 of 1992 on 23-11-1992 requesting the Court to issue notice under Order XXI Rule 11 of the Code of Civil Procedure and thereafter to issue arrest warrant. Notice was ordered by the Court. The petitioner filed a counter stating that a Special Leave Petition was filed in the Supreme Court against the order of the High Court and that he was prepared to give adequate personal or third party security for the decretal amount till the disposal of the matter in the Supreme Court. He also stated that he was prepared to deposit half of the decretal amount in case the Supreme Court refuses to grant stay. On 16-9-1993, the learned Subordinate Judge passed a cryptic order which reads as follows: "Arrest the judgment debtor on payment of process by 9-11-1993."