APHC010200842023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FIFTH DAY OF JULY j TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 114(1 riF Petition under Section 115 of CPC against the Order dated 17 03 2023 passed in E.P.No.36 of 2018 in O.S.No.275 of 2011 on the file of the Senior Civil Judge, Gudur. Between: Sri. Gangavarapu Babulu. S/o. Rangaiah 4-138, Occ . Agricultural Coolie, SPSR Nellore District. Hindu, aged about 62 years, D.No. R/o. Vadlapudi Village, Manubolu Mandal ...PetItioner/s AND Sri. Arikatia Bala Krishna, S/o. Venkata Subba years, Occ; Cultivation and Business Nellore District. Naidu, Hindu, aged about 63 R/o. Narasingaraopet, Gudur, SPSR ...Respondent/s lA NO: 1 OF 207.? Petition under Section 151 of CPC stated in the affidavit filed i pleased to Stay all further praying that in the circumstances in support of the petition, the High Court may be proceedings in pursuance to the Order and Decrefetal Order dated 17-03-2023 passed in E.P.No.36/2018 in O.S.No. 275/2011 on the file of the Senior Civil Judge, Gudur including arrest of the petitioner, pending disposal of the present Civil Revision Petition. Counsel for the Petitioner: M/S. K PALLAVI Counsel for the Respondent: SRI G VENKATESWARLU The Court made the following ORDER: % APHC010200842023 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3505] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 1140/2023 Between: 1.0ANGAVARAPU BABULU, S/0. RANQAIAH, HINDU, AGED ABOUT 62 YEARS, D.NO. 4-138, OCC . AGRICULTURAL COOLIE, R/0. VADLAPUDI VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.ARIKATLA BALA KRISHNA, S/o. Venkata Subba Naidu, aged about 63 years, Occ . Cultivation and R/o. Narasingaraopet, Gudur, SPSR Nellore Hindu, Business, District. ...RESPONDENT Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to set aside the Order and Decreetal Order dated 17-03-2023 passed in E.P.No. 36/2018 in O.S.No. 275/2011 on the file of the Hon'ble Senior Civil Judge, Gudur and pass lA NO: 1 OF 2023 2 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 pleased pleased to Stay all further proceedings in pursuance to the Order and Decreetal Order dated 17-03-2023 passed in E.P.No. 36/2018 in O.S.No. 275/2011 on the file of the Hon'ble Senior Civil Judge, Gudur including arrest of the petitioner, pending disposal of the present Civil Revision Petition and pass Counsel for the Petitioner: 1. K PALLAVI Counsel for the Respondent: 1.G VENKATESWARLU 3 The Court made the following order: The present revision petition is filed questioning the order [ dated 17.03.2023, passed in EP No.36 of 2018, on the file Of Senior Civil Judge, Gudur. The petitioner is the judgment debtor. The respondent filed suit in OS No.275 of 2011, on the file Of Senior Civil Judge, Gudur, against the petitioner herein for recovery of amount. The said suit was decreed ex-parte by I I judgment and decree dated 21.08.2015. Despite the decree, the petitioner did not pay the decretal amount, and in those circumstances, the respondent/plaintiff filed the present execution* petition under Order 21 Rule 37 and 38 CPC, seeking to comniit the petitioner to civil prison. The said execution petition was contested by the petitioner and the same was allowed by order dated 17.03.2023. Heard learned counsel for the petitioner and learned 2. counsel for the respondent. Perused the material available on record. The learned counsel for the petitioner strenuously contends that, the petitioner does not have the means to pay the decretal- I amount, and nothing is placed on record to show that the petitioner has got movable or immovable properties standing in his name. It is further stated that the petitioner is eking livelihood 3. 4. 4 by doing coolie works. However, on perusal of the documents filed along with the execution petition, it is evident that the land admeasuring an extent of Ac. 1.33 cents in Sy.No.1152-7 of Vadlapudi Village, Manubolu Mandal, SPSR Nellore stands in the name of the petitioner. In order to substantiate case of the respondent, a copy of Form-1 B is filed which i District, the IS marked as Ex.PI to show that the petitioner is the owner of the |Said land. It is pertinent to note that during the cross examination, a suggestion was put to the petitioner, whether he i the owner of the land IS in Ex.P1, to which the petitioner pleaded ignorance, and denied the said suggestion. 5. On perusal of Ex.P1, it is clear that the land mentioned therein is standing in the name of the petitioner and, despite deriving income from the said land, the petitioner has to pay the decretal amount. Furthermore not chosen on perusal of cross examination of PW2, it reveais that the petitioner/judgment debtor personaiiy cuitivating the said land and deriving income from the same. From the above, it is clear that, the petitioner/judgm ent debtor suppressed the fact that he is the owner of the land mentioned in Ex.P1 IS in the counter affidavit. Further PW2 categorically stated in his chief affidavit that the petitioner is personally cultivating the said land, which proves that, he is 5 deriving income out of the said land. Therefore, the contention of the learned counsel for the petitioner that the judgment debtor does not have any means to satisfy the decree cannot be I countenanced and the same is rejected. Further, as rightly held by the executing court, the petitioner has not made any attempt to pay the decretal amount, despite the decree was passed in the year 2014. Even after lapse of seven years, no payment has been made. Further, this Court while granting stay by order dated 26.04.2023, directed the petitioner to I pay 50% of the decretal amount within four (04) weeks by observing that, in default, the interim order granted would automatically vacated. During the course of hearing, it is brought to the notice of this Court that, the petitioner did not comply with the interim order passed by this Court. I In view of the same, there are no merits in the revision 6. 7. petition, and accordingly, the same is dismissed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR J ^ SECTION ( //TRUE COPY// \ OFFICER To, The Civil Judge (Senior Division), Gudur, SPSR Nellore District] (with records if any) 1. 2. One CC to M/s. K Pallavi Advocate [OPUC] 3. One CC to Sri. G Venkateswarlu, Advocate [OPUC] 4. The Section Officer. V.R. Section, High Court of Andhra Pradesh. 5. Two CD Copies sree ■ # HIGH COURT DATED:25/07/2025 ORDER CRP NO. 1140 OF 2023 8=> t vsir m g ^ * Current :>ection , DISMISSING THE C.R.P. WITHOUT COSTS