TATA KESAVA RAO Vs. SHAIK HASAN AHMAD

JUDGEMENT

(1.) The revision petitioner is the decree-holder in E.P.No.146 of 2010 of the decree obtained as plaintiff in O.S.No.8 of 2008 against the respondent/judgment-debtor/defendant. Impugning the order of the Court, dated 12.09.2011, in the E.P. dismissing the prayer for arrest of the judgment-debtor by the learned I Additional Senior Civil Judge, Vijayawada, the present revision is maintained.

(2.) The contention mentioned in the grounds urged in the revision vis--vis the oral submissions during the course of hearing are that impugned order of the Executing Court is perverse and unsustainable and from ill-appreciation of the settled principles and propositions, the Executing Court should have adopt a pragmatic approach and the impugned order is erroneous and contrary to law and facts and should have been allowed the Execution Petition for arrest of the judgment- debtor and did not even go through the expression of this Court in 2011 (4) ALD 143 and thereby, sought for setting aside the dismissal order by allowing the revision and order arrest of the judgment- debtor.

(3.) Whereas, it is the submission of the counsel for the judgment- debtor/respondent to the revision that the impugned order of the lower Court is on contest by appreciation of the oral evidence of the decree- holder as PW.1 and another witness PW.2, besides that of respondent- judgment-debtor as RW.1 with four documents Exs.B.1 to B.4 are running in six pages supported by reasons and for this Court while sitting in revision, there is no illegality or impropriety and thereby sought dismissal of the revision.