The High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be ql99s-fto suspend the order in EP irlo 63 of 2023 in OS No. 21 of 2019, dated 05/03/2025' on in. fil" of Honorable Principal Senior Civil Judge at Kothagudem, Bhadradri Kothagudem District, pending disposal of the main civil Revision Petition Counsel for the Petitioner: Sri P. Rama Sharana Sharma Counsel for the Respondent: Sri P. Ravi Kiran The Court made the following: ORDER 3 I HON'BLE MRS JUSTICE SUREPALLI NANDA CIVIL REV ISION PETITIO N No.938 oF2 25 ORDER Heard Sri p.Rama Sharana Sharma, learned counsel appearing on behalf of the petitioner and Sri P.Ravi Kiran, learned counsel appearing on behalf of respo n d ent.

2. The Detitioner filed the Civi! Revi ton Petiti on seekinq the oraver as und er: "....pleased to set aside the impugned order in Ep No.63 of 2023 in O.S.No.21 of 20t9, dated 05.03.2025, on the file )f Hon'ble principal Senior Civil Judge at Kothagudem, Bhadradri Kothagudem District in the interest of justice and pass such other and further orders...,, 3. This Civil Revision petition by Judgment Debtor,/Defendant is filed against the order, dated 05.03.2025 in E.p.No.63 of 2023 in O.S.No.21 of 2O19 on the file of the principa! Senior Civil Judge at Kothagudem, Bhadradri Kothagudem District, whereby and whereunder the execution petition filed by the Decree Holders,/plaintiff under Order_XXI Rules-37 & 3g of Civil 4 Procedure Code of 19O8 is allowed and the judgment Debtor/Defendant is ordered to be arrested and detained in Civil Prison for a period of two (O2) months or till the payment of the Decreetal debt is made, whichever is ea rlier.

4. The Decree holder/plaintiff filed the execution petition seeking arrest of the judgment debtor under Order-XXI Rules-37 & 38 of Code of Civil Procedure, 19O8 alleging that the judgment debtor had not paid the E.P. amount of Rupees Ten Lakhs Forty One Thousand Three hundred and Seventy Six (Rs.1O,4L,376/-) though, he has movable and immovable properties and doing business at Paloncha Town, Bhadradri Kothagudem District and that he is intentionally avoiding to pay the Decreetal debt.

5. The judgment debtor filed counter denying that he has movable and immovable properties. He stated that the properties shown in the encumbrance certificate, dated

24.08.2023 filed by the Decree Holder are the properties belonging to his married daughter. He further stated that since, 2O13 he had been suffering from Neuron problems, fits and other ailments. 5

6. The Decree Holder in support of his case examined himself as PW1 and one independent witness as pW2 and got marked two documents. The judgment debtor examined himself as RW1 and got marked RWsl to RWs15 documents.

7. The executing Court after appreciating the oral and documentary evidence on record gave finding that the judgment debtor had sufficient means to pay the decreetal debt, but wilfully and wantonly is avoiding to discharge the debt and accordingly, ordered his arrest and detention in civil prison.

8. Seeking aggrieved by the order, the judgment debtor filed the present Revision Petition, pW1 deposed that the judgment debtor is doing Carpenter business and thereby, he earns Rs.2,OO,OOO /- pil month and that by doing real- estate business, the Judgment debtor earns Rs. 5,OO,OOO/- per month.

9. Exhibit P2 is the Lions Club fnternational Book showing the membership of the Judgment debtor. Contra to the above evidence of pW1, RWl says that he is 6 unemployed and has no earnings and that he underwent Surgery for his fractures sustained by him in four accidents and that he suffered brain stroke' He also says that he is not doing any kind of business and that he does not own any movable or immovable properties and therefore, has no means to discharge the debt' In cross examination, he says that he has been residing in the housebearingdoorNo'3o-L-292/L'VengalRaoNagar Colony, Paloncha and admits that the photo shown to him pertains to that house, when asked' he admits that he is memberoflnternationalLionsClub,Palonchaandthathe is GST coordinator of that International Lions Club' He also admits that he worked as President' Regional Chairman, Zonal Chairman and District Chairman of Lions Cub and that he used to present the MGF Award by taking Rupees Two or three lakhs' He categorically admits that nearly Rs. 1 crore has to be spent for the post of Governor in Lions Club-

10. At a later stage of cross examination' he admits that heisleaderofTRsParty.Hevoluntaritysaysthatheisa Member of Endowment Department of Peddamma Thalli Temple, Palvoncha. He admits that he is running Hanuman 7 Yuva Jana Sangam at patoncha besides the above admission, a perusal of Exhibit p1 Encumbrance Certificate would show that the Southern boundary of the house bearing door No.3O-L-232/L is shown as the house bearing door No.3O-1-233 of the judgment debtor, when thus the judgment debtor is owner and possessor of the said house and when he is holding important positions in International Lions Club, the only conclusion that has to be drawn is that the Judgment Debtor had sufficient means to pay the decreetal debt. f (

11. The Lower Cou rt as can be see n from the im DUO ned order, after a PD reciatinq oral and docu m enta rv evidence r htt Ju m td t. I ad s ufficien view of t d e e d isC U of he re vlew hat ere sn an i le alit lm r or rrre a rit in th EP N .63 t20 s.N .21 t 20L ted 5.O .202 on e fil on' P rn Kothaou dem, Bhadr ad ri vil Jud ea al Se or Koth qude m District ion P ti is dis a nd H wev r h esh rd ra to os 8 w\ .Efi ' -"9,.a!** \;',,,t., \ Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SD t- ALLIKARJUNA RAO STANT REGISTRAR SECTION OFFICER One Fair Copv to the Hon'ble Mrs Justice Surepalli Nanda '(For His Lordship's kind Perusal) \ To,

1. The Principat Senior Civil Judge at Kothagudem' Bhadradri Kothagudem District. 2. '1 '1 LR CoPies 3. The Under Secretary, Union of lndia, Ministry of Law' Justice and Company Affairs, New Delhi

4. The Secretary, Telangana High Court Advocate's Association Library' High - i"'rrt t.,i ii-re 6i"t" or i"i,ngaria, High Court Buildings at Hyderabad

5. One CC to Sri P. Rama Sharana Sharma' Advocate [OPUC] 6. One CC to Sri P 7. Two CD CoPies Ravi Kiran, Advocate [OPUC] VH/ABK o HIGH COURT DATED: 2il4912025 ORDER CRP.No.938 of 2025 'tllt SIa ( o O ,y x 1 B [tr ?c?5 2 .(.', 1r.-- DISMISSING THE CRP