lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE JUSTICE DR V R K KRUPA SAGAR CIVIL REVISION PETITION No.850 of 2025 Petition under 115 of C.P.C, against the Order dated 27-01-2012 made in EP No. 235of2011 in OS No.1594of2000on thefileofthe Court of the Principal Junior Civil Judge, Kakinada, East Godavari District. Between: Patneedi Lakshmi, W/o. Sri Pullaiah, Hindu, age 50 years, Occ: Housewife, R/o. Vepakayalapalem, Karapa Mandal, East Godavari District. ...Petitioner/D.Hr AND 1. Bhogireddi Veerabhadram, S/o. Sri Pedda Kapu, R/o. Vepakayalapalem, Karapa Mandal, East Godavari District. . 2. Bhogireddi Chandramma, W/o. Sri Veerabhadram, R/o. Vepakayalapalem, Karapa Mandal, East Godavari District. ...Respondents/J.Drs Counselforthe Petitioner : Sri N Siva Reddy Counsel for the Respondents|. None Appeared The Court made the following Order: rty APHCO11542082012 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CIVIL REVISION PETITION NO: Between: Patneedi Lakshmi AND Bhogireddi Veerabhadram And Anr Counsel for the Petitioner: 1.N SIVA REDDY Counsel for the Respondent: 1. The Court made the following: ORDER:- g_l)9, I [3365] ...PETITIONER ...RESPONDENT The Civil Revision Petition is filed praying to set aside the docket order dated 17.10.2012 passed in E.P.No.70/2004 in O.S.No.199/2003 on the file of the learned Principal Junior Civil Judge, Kakinada. 2. Heard Sri N.Siva Reddy, learned counsel for the revision petitioner. None entered appearance for respondents/J.Drs. 3. Perused the record. 4. O.S.No.1594/2000 was a suit for recovery of money. It was decreed as against defendant nos.1 and 2 and decree remain outstanding. ln such circumstances, D.Hr filed E.P.No.235/2011 before learned Principal Junior Civil Judge, Kakinada. The prayer in the said execution petition was made \\.'`\ under Order XXI Rule 37 CPC seeking for conducting means enquiry and order arrest and detention of J.Dr no.1 Sri B.Veerabhadram. 5. Learned executing Court got a notice served on J.Dr no.1. He did not choose to appear and contest. During enquiry, with a view to sustain the claim that J.Dr no.1 has enough means to discharge the decretal debt, but failed to discharge` the same, the D.Hr filed a sworn affidavit. The executing Court by order dated 27.01.2012 dismissed the E.P. The cryptic order is available from the records which reads as follows: "Proof affidavit of petitioner/D.Hr filed. Perused the proof affidavit along with the means affidavit of petitioner/D.Hr. Means of judgment debtor are not proved. Hence, the E.P is dismissed." 6. ln the present Revision, the manner under which the E.P was disposed was opposed very strongly by the learned counsel for the Revision Petitioner. 7. A perusal of the aft-idavit filed by the D.Hr before executing Court discloses that the J.Dr has a residential house bearing door number 8-40 worth Rs.50,000/-. There is further mention that the J.Dr has other movable and immovable properties. From the record, it is seen that after receiving the affidavit of the D.Hr she was not even brought to the witness box to accept the affidavit. The contents of the affidavit of D.Hr, on facts remain uncontested. Thus, the assertion of the D.Hr as could be seen from the sworn affidavit which indicates existence of movable and immovable properties of J.Dr no.1 were supposed to have been considered properly. Even without calling the witness to the witness box, the enquiry was concluded and E.P was dismissed without recording any facts and any reasons which persuades the Court to come to such conclusion that the J.Dr no.1 had no means. Thus the order impugned suffers from illegality and impropriety. Hence the impugned order dated 27.01.2012 in E.P.No.235/2011 in O.S.No.1594/2000 on the file of the learned Principal Junior Civil Judge, Kakinada is set aside. 8. ln the result, the Civil Revision Petition is allowed and the order dated 27.01.2012 in E.P.No.235/2011 in O.S.No.1594/2OOO on the file of the learned Principal Junior Civil Judge, Kakinada is set aside, as such E.P.No.235/2O11 in O.S.1594/2000 stands restored. D.Hr is to approach the execution Court and the execution Court shall proceed further with the means enquiry in accordance with law. Appearance of the D.Hr before the executing Court shall be on 03.4.2025. Miscellaneous petitions, if any pending, shall stand closed. To Sd/- N NAGAMMA ASSISTANT REGISTRAR TRUE COPYJJ jfe/ SECTION OFFICER 1. The Principal Civil Judge (Junior Division), Kakinada, East Godavari District. (by Speed Post / Whatsapp) 2. One CC to Sri N Siva R'eddy, Advocate [OPUC] (by Speed Post / Whatsapp) 3. Three CD Copies I:` HIGH COURT DATED: 12/03/2025 ORDER CRP.No.850 of 2025 O2 Ape 2025 Cu,,en' Sectlon ALLOWING THE CIVIL REVISION PETITION