G K MURTHY Vs. B RAMANA

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order of the Court of learned Junior Civil Judge, Yemmiganur, in E.P.No.2 of 2015 in O.S.No.86 of 2011 dated 25.04.2016.

(2.) The judgment-debtor in the E.P. is the revision petitioner.

(3.) The respondent as decree-holder had a decree in his favour dated 08.08.2014 basing on which, he filed above E.P. for recovery of Rs.44,924/- against the petitioner. Mode of execution sought by the respondent in this E.P. was under Order XXI Rule 37 and Rule 38 CPC to arrest the petitioner and to commit him to civil prison, in case, he failed to repay the E.P. amount. The petitioner opposed this claim of the respondent, filing a counter to the effect that he did not have means to pay the E.P. amount and that he is more than 60 years old. He further claimed that he was not keeping good health, being a heart patient. He also asserted that he neither owned movable nor immovable properties, who is depending on his son for his maintenance.