THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2866 of 2010 Date:14th February, 2011 Between: P.Ramulu ..... Petitioner/JDr AND P.Shankaramma .....Respondent/DHr *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2866 of 2010 ORDER: The Civil Revision Petition is directed against the order, dated 17.06.2010, passed in E.P.No.7 of 2008 on the file of the Junior Civil Judge, Wanaparthy, whereby and whereunder the learned Junior Civil Judge ordered for detention of the judgment debtor in civil prison for a period of three months and for attachment of salary to the tune of Rs.10,000/- for violation of decree passed in O.S.No.89 of 2000. 2. The petitioner is the judgment debtor and the respondent is the decree holder in E.P.No.7 of 2008 on the file of the Junior Civil Judge, Wanaparthy. The decree holder filed O.S.No.89 of 2000 seeking for declaration of title and recovery of possession. The suit came to be decreed, by judgment dated 06.02.2006. Relevant portion of the decree reads as hereunder: “This suit is coming before me for final disposal on 9.6.2006 in the presence of Sri G.Dharma Reddy, Advocate for plaintiff and Sri B.Venkateswar Reddy, Advocate for defendant No.1 and Sri P.Sriram Rao and P.Manmohan Rao, Advocates for defendant No.2, and having stood over for consideration till this day, the Court doth order and decree as follows: 1. That the plaintiff is declared as owner and possessor and entitled to evict the defendants from the Suit Schedule Plot; 2. That the defendants are restrained perpetually from interfering with the peaceful possession of the plot. 3. That the defendant No.2 do pay a sum of costs of Rs.2,850/- towards costs of the suit; 4. That the suit of the plaintiff be and hereby dismissed against D1.” The decree-holder filed E.P.No.7 of 2008 complaining disobedience of the decree. The judgment debtor entered appearance and placed on record his objections. On behalf of the judgment debtor, he got himself examined as RW.1. The executing Court, on considering the evidence brought on record and on hearing the counsel appearing for the parties, proceeded to order detention of the judgment debtor in civil prison for a period of three months and for attachment of salary to a tune of Rs.10,000/- for violation of the decree dated 06.02.2006. Hence, this revision by the judgment debtor. 3. Heard learned counsel appearing for the petitioner/judgment debtor and learned counsel appearing for the respondent/decree holder. 4. Learned counsel appearing for the petitioner/judgment debtor submits that the respondent/decree holder does not specify the act of disobedience of the petitioner in terms of the decree granted in her favour and therefore, the order impugned in the revision is liable to be set aside. 6. Learned counsel appearing for the respondent/decree holder supported the order impugned in the revision. 7. I have gone through the E.P. form which finds place at page No.12 of the material papers. In Col.No.7 of the E.P., it is stated that disobedience of the decree. In what way the petitioner/judgment debtor disobeyed the decree is not stated in the E.P. It is a matter of record that the decree holder filed E.P.No.6 of 2008 for delivery of possession and also for recovery of the suit costs. The terms of the decree itself indicate that the decree holder has to get the possession of the property from the petitioner/judgment debtor. Therefore, the question of disobedience of the decree does not arise. The executing Court has not read the relief sought for by the decree holder in right perspective and thereby proceeded to over-rule the objections without application of mind. Therefore, the order impugned in the revision is liable to be set aside. 8. Accordingly, the Civil Revision Petition is allowed setting aside the order, dated 17.06.2010, passed in E.P.No.7 of 2008 on the file of the Junior Civil Judge, Wanaparthy and consequently, E.P.No.7 of 2008 stands dismissed. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:14th February, 2011. cs THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2866 of 2010 Date:14th February, 2011