OR.21, RULE 37 C.P.C - ARREST E.P. - BOTH ARE BROTHERS - ARE IN ADVANCED AGE - HIGH COURT DIRECTED TO PAY MONTHLY EQUAL INSTALLMENTS - FAILING WHICH EXECUTION OF DECREE AS PER LAW =
In the circumstances and having regard to the relationship between the parties and their ages, the petitioner herein is directed to pay or deposit the decretal amount at the rate of Rs.20,000/- in equal monthly installments, on or before 5th of every succeeding month, commencing from the month of March, 2014, and the remaining amount in the last month, of course this shall be subject to the amounts, if any, already paid/deposited by the petitioner herein. If the petitioner fails to deposit any one of the installments, the Court below may pass appropriate orders.
2014 (March . Part ) http://hc.ap.nic.in/csis/MainInfo.jsp?mtype=CRP&mno=644&year=2014| CRP 644 / 2014 | CRPSR 6055 / 2010 |
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THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR
CIVIL REVISION PETITION No.644 of 2014
ORDER:
This Civil Revision Petition is directed against the order, dated 16.11.2009, in E.P.No.42 of 2009 in O.S.No.895 of 2004 on the file of the Court of the Principal Junior Civil Judge, Nellore.
It is not in dispute that the petitioner and the respondent are the brothers. The respondent filed O.S.No.895 of 2004 and obtained a money decree against the petitioner on 04.05.2006. Aggrieved by the same, the petitioner preferred A.S.No.171 of 2006 and the same was dismissed on 04.04.2008. Since no further grievance raised therefrom, the judgment and decree passed in the suit against the petitioner became final and accordingly, the respondent herein filed E.P.No.42 of 2009 seeking to arrest and detain the petitioner in a civil prison. There is no need to consider the other aspects.
The petitioner herein was examined as R.W.1. In the cross examination, he has admitted that he got 12.72 cents of wet land to his share in the family partition and it gives crop and yield. The respondent herein, who is the decree holder, was examined as P.W.1 and in the cross examination, he admitted that he got attached the house and land property of the petitioner herein. Admittedly, the respondent obtained a decree on 04.05.2006 in the suit and till this date, the petitioner has not paid any amount to him.
In the circumstances and having regard to the relationship between the parties and their ages, the petitioner herein is directed to pay or deposit the decretal amount at the rate of Rs.20,000/- in equal monthly installments, on or before 5th of every succeeding month, commencing from the month of March, 2014, and the remaining amount in the last month, of course this shall be subject to the amounts, if any, already paid/deposited by the petitioner herein. If the petitioner fails to deposit any one of the installments, the Court below may pass appropriate orders.
Subject to the directions made supra, the Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, in this civil revision petition shall stand closed.
_______________________
(B.CHANDRA KUMAR, J)
24th February, 2014
GHN
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