KUNKUNTLA NARSIMHA Vs. SYED ZAINULABUDDIN

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 10.07.2013 in E.P. No. 75 of 2013 in O.S. No. 477 of 2004 passed by the learned Junior Civil Judge, Nalgonda District (for short, trial Court).

(2.) THE judgment debtor in the suit for permanent injunction is the petitioner and the decree holder is the respondent herein. The suit, O.S. No. 477 of 2004 filed by the respondent, was dismissed on 16.03.2009 and the respondent preferred an appeal in A.S. No. 48 of 2010 and the same was allowed by the learned I Additional District Judge at Nalgonda (for short, appellate Court) on 01.03.2012. The respondent filed E.P. No. 75 of 2013 before the trial Court seeking arrest of the petitioner herein under Order XXI Rule 37 of the Civil Procedure Code (for short, Code) with the following averments.

(3.) THE learned counsel for the petitioner submitted that no execution petition seeking arrest of the judgment debtor is maintainable under Order XXI Rule 37 of the Code. He relied on two decisions of this Court in Sadhana Educational Society V. S.B.V.M. High School : 2009 (5) ALT 304 and Malle Ranga Reddy V. Thirunagaru Purushotham : 2015 (1) ALT 410. The learned counsel for the respondent, on the other hand, submitted that in view of the violation of decree of injunction, the application for arrest of the judgment debtor is maintainable.