KUPPAM SATYANARAYANA Vs. NEDURU SIVA REDDY

JUDGEMENT

(1.) THIS civil revision petition is directed against the order dated 25. 10. 2008 in EP No. 94 of 2006 in OS No. 376 of 2003 on the file of the Court of the Junior Civil judge, Tadpatri.

(2.) THE revision petitioner is the decree-holder who obtained a money decree against the respondent herein for a sum of rs. 13,621/- with subsequent interest @ 12% p. a. on the principal amount of Rs. 12,000/-from the date of suit till the date of decree and further interest @ 6% p. a. on the principal amount from the date of decree till the date of realization.

(3.) ON the basis of the said decree, the decree-holder/revision petitioner filed EP no. 94 of 2006 on 17. 8. 2006 by arrest and detention of the judgment-debtor in civil prison for recovery of a sum of Rs. 20,068/-towards the decretal amount together with interest. Pursuant thereto, though a warrant was issued against the judgment-debtor, the same could not be executed. Subsequently fresh warrant was issued on 10. 8. 2008. The decree-holder/revision petitioner paid process for execution of the warrant and in the warrant form the interest due till that date was also added while specifying the amount due under the decree.