GUDIWADA MUNEMMA Vs. JAWARDHAL

JUDGEMENT

(1.) This civil revision petition has been directed against the order dated 3-3-2005 passed in O.E.P.No.423 of 2003 inO.S.No.684of2002 on the file of the 1st Additional Junior Civil Judge, Chittoor, whereby and whereunder the learned Additional Junior Civil Judge dismissed the execution petition filed by the petitioner/ decree-holder seeking arrest and detention of the respondent/judgment-debtor in civil prison for realization of decretal amount.

(2.) The petitioner herein is the decree-holder and the respondent herein is the judgment-debtor. The petitioner obtained a money decree against the respondent in O.S. No.684 of 2002 to recover Rs.18,920/- with costs and subsequent interest from 17-7-2003. He filed E.P. No.423 of 2003 and sought for arrest and detention of the judgment-debtor in civil prison. He filed his affidavit along with the execution petition stating that the respondent/judgment-debtor is a Talari getting monthly salary of Rs.2,000/- and also owning landed properties yielding an annual income of Rs.40,000/-. It is further averred that the respondent/judgment-debtoris doing seasonal business and thereby getting Rs.5,000/- per month. Thus the petitioner/ decree-holder stated that the respondent/ judgment-debtor having sufficient means neglected to pay the decretal amount.

(3.) The respondent/judgment-debtorentered appearance and filed counter resisting the execution petition. He took the plea that he has no means to pay the decretal amount.