CH SANKARA REDDY Vs. ANDHRA BANK NELLORE

JUDGEMENT

(1.) This C.R.P. is directed against the order dated 5-4-2005, passed by the Principal Senior Civil Judge, Nellore, allowing the petition in E.P.No.115 of 2003 in O.S. No.94 of 1998, filed by respondent No.1-Andhra Bank, for arrest of the petitioner and another.

(2.) Respondent No.2 availed loan from respondent No.l by mortgaging title deeds of his property. The petitioner stood as guarantor to the said loan. As respondent No.2 did not pay the amount, respondent No.1 filed suit in O.S.No.94 of 1998 for recovery of the loan amount from the borrower and the guarantor, and the Principal Senior Civil Judge, Nellore, decreed the same. When respondent No.2 and the petitioner failed to pay the decretal amount, respondent No.1 filed the present application, which on contest by respondent No.2 and the petitioner, was allowed by the Court below by reason of the order impugned in this C.R.P.

(3.) Heard the learned Counsel for the petitioner and the learned Counsel for respondent No.1-Bank.