APHC010194942018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 1796/2018 Between: M/s Chalapathi Chit Funds Private Limited ...PETITIONER AND Pasupuleti Srinivas Rao and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P DURGA PRASAD Counsel for the Respondent(S): 1. MADHAVA RAO NALLURI 2. VENKATESWARLU SANISETTY 2 The Court made the following order: The present revision petition is filed aggrieved by the Order dated 06.12.2017 passed in E.P.No.16 of 2017 against O.S.No.38 of 2012, on the file of the Additional Senior Civil Judge, Ongole, Prakasam District. 2. The petitioner is the decree holder who filed suit in O.S.No.38 of 2012 seeking to recover an amount of Rs.2,68,010/- with subsequent interest, at the rate of 12% per annum. The respondents/judgment debtors have contested the said suit by filing a written statement and eventually the suit was decreed by judgment and decree dated 07.02.2013. Despite the said decree, the respondents/judgment debtors did not come forward to pay the decretal amount. In those circumstances, the petitioner/decree holder filed Execution Petition vide E.P.No.16 of 2017, under Order 21 Rule 37 and 38 of the Code of Civil Procedure to commit the respondents/judgment debtors 1 to 4 to civil prison, for willfully neglecting to discharge the decretal amount. The petitioner/decree holder along with the Execution Petition, filed true copies of income tax returns for the periods 2006-09, pertaining to respondents/judgment debtors 2 & 3 and 3 income tax returns for the periods 2005-08, pertaining to respondent/judgment debtor 4. The petitioner/decree holder after filing of the Execution Petition, did not press the same against the 1st respondent/judgment debtor. The respondents/judgment debtors resisted the Execution Petition by filing counter affidavit, stating that they do not have means to pay the decretal amount. They further averred that the income tax returns filed by the petitioner/decree holder pertain to the period 2006-09, whereas the Execution Petition was filed in the year 2017. They further contended that, the respondents/judgment debtors are depending on their kith and kin and have no means to pay the decretal amount and prayed to dismiss the Execution Petition. After considering the case on hand, the Execution Court by way of impugned order, dismissed the Execution Petition which is being assailed in the present revision petition. 3. Heard the learned counsel for the petitioner and Sri Madhavarao Nalluri, learned counsel for 3rd respondent and Sri Venkateswarlu Salisetty, learned counsel appearing for the 4th respondent. 4. Perused the material available on record. 4 5. As seen from the impugned order, the petitioner/decree holder filed income tax returns of respondent Nos.2 & 3 for the periods 2006-09, and income tax returns of 4th respondent for the periods 2005-08, wherein the income of the respondents/judgment debtors was shown less than Rs.2,00,000/- per annum. Apart from the same, the petitioner did not examine the person who has issued the same. Even according to the returns filed by the petitioner/decree holder, the monthly income of the respondents/judgment debtors 2 to 4 would be around Rs.15,000/- per month, which will not be sufficient to maintain their families. Though the petitioner/decree holder has stated that the respondents/judgment debtors own other immovable properties, the same is not substantiated by documentary evidence before the Execution Court. 6. In the absence of any material to show that the respondents/judgment debtors have sufficient means to pay the decretal amount, the Execution Court has rightly dismissed the petition. There are no merits in the revision petition and the same does not warrant the interference of this Court. Accordingly, the present Civil Revision Petition is dismissed. 5 There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR Dt.13.02.2025 DSB 6 181 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR CRP No.1796 of 2018 Date 13.02.2025 U DSB