K C ANNAIAH Vs. MARGADARSI CHIT FUND P LTD
LAWS(APH)-1992-3-23
HIGH COURT OF ANDHRA PRADESH
Decided on March 03,1992

K.C.ANNAIAH Appellant
VERSUS
MARGADARSI CHIT FUND (P) LTD. Respondents


Cited Judgements :-

RAJ KUMAR VS. SUNITA DEVI [LAWS(P&H)-2014-4-468] [REFERRED TO]


JUDGEMENT

- (1.)THIS revision is filed by the fourth judgment debtor who is a surety. His plea in the counter filed in E P No. 5 of 1991 was that the first judgment debtor and his brother the fifth judgment debtor have got valuable properties which are sufficient to realise the decree amount. But the decree being joint and several it is open to the decree-holder to seek execution against any one of the judgment debtors. The choice of the decree-holder to proceed with the execution in the manner he likes cannot be curtailed by the executing court. Therefore the order of the le.irned Subordinate Judge in direc- ting arrest cf the fourth judgment debtor cannot be said to be illegal or without jurisdiction.
(2.)HOWEVER the fourth judgment debtor is given one months time for paying the decretal amount failing which the learned Subordinate Judge shall entrust the arrest warrant for execution against the fourth judgment debtor (revision petitioner). 3 Subject to ihe above directions the Appeal dismissed at the stage of admission.
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