LAWS(APH)-2009-6-57

V DHARMAVENAMMA Vs. C SUBRAMANYAM MANDADI

Decided On June 19, 2009
V DHARMAVENAMMA Appellant
V/S
C. SUBRAMANYAM MANDADI Respondents

JUDGEMENT

(1.) THIS revision petition is filed against the order dated 29. 08. 2006 passed in E. P. No. 49 of 2003 in O. S. No. 76 of 1999 by the junior Civil Judge, Nagari.

(2.) THE unsuccessful decree holder is the revision petitioner. She obtained a money decree for an amount of Rs. 54,000/- and filed execution petition against the respondent/judgment debtor under Order 21 rules 37 and 38 C. P. C. seeking realization of the decretal amount by means of arrest and detention of the respondent in civil prison alleging that having sufficient means to repay the decretal amount, in spite of the request of the decree holder, the respondent has been deliberately refusing to pay the decretal amount. Pursuant to the notice issued by the executing Court, the respondent/judgment debtor made his appearance, filed his counter contending inter alia that he is aged 67 years and has been suffering from old age ailments like asthma, heart disease etc. , and he is a small farmer owning meager extent of land and the same is not yielding any income due to draught and has no means to pay the decretal amount.

(3.) TO prove her version before the executing Court, the revision petitioner examined herself as P. W-1 and marked exs. A-1 to A-4. On the other hand, in support his defence, the respondent examined himself as R. W-1 and marked exs. B-1 to B-5.