Mrs. Madhavi Vinukonda

Fair 1 E.P.2/2025

IN THE COURT OF THE JUNIOR CIVIL JUDGE AT: METPALLY.

Present : Smt Madhavi Vinukonda, Junior Civil Judge, Metpally.

Wednesday, the 13th day of May, 2026

E.P. No. 2 of 2025

in

ORIGINAL SUIT NO. 72 of 2023

Between:- Pasunuri Srinivas S/o. Venkati, Age: 46 years, Occ: Advocate, R/o. H.No. 2-1-439, Dubbawada, Metpally proper and mandal, Jagtial district. ...Decree Holder / Plaintiff.

AND

Damaji Jalaja W/o. Dashrath, Age: 38 years, Occ: House wife, R/o. H.No. 2-25/2, Komanpally village, Armoor mandal, Nizamabad district-503217. ...Judgment Debtor/ Defendant.

@@@@

This Petition is coming before me for final hearing in the presence of Sri. P. Sudarshan, Smt. M. Vijayalaxmi Advocate for Decree Holder; and Judgment Debtor remained set exparte; upon perusing the entire material on record and having been heard and having stood over for consideration till this day, this Court delivered the following::

:: ORDER ::

1. This Execution Petition is filed by the Decree Holder under Order XXI

Rules 37 and 38 of the Code of Civil Procedure seeking arrest and detention of the Judgment Debtor in civil prison for realization of the decretal amount.

Fair 2 E.P.2/2025

2. The record discloses that notice/summons in the Execution Petition was duly served on the Judgment Debtor. On appearance before this Court, the

Judgment Debtor sought time to engage counsel. Accordingly, the matter underwent several adjournments granting sufficient opportunity to the

Judgment Debtor to contest the matter and to engage counsel of her choice. However, despite giving ample opportunity, the Judgment Debtor neither engaged counsel nor appeared before the Court thereafter. Hence, the Judgment Debtor was set ex parte.

3. Heard the learned counsel for the Decree Holder. Perused the material available on record.

4. The instant Execution Petition has been filed seeking arrest and detention of the Judgment Debtor in execution of a money decree. At this juncture, it is relevant to refer to Section 56 of the Code of Civil Procedure, which reads as follows:

“Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.”

5. A plain reading of the above provision makes it abundantly clear that there is an absolute statutory prohibition against arrest or detention of a woman in execution of a decree for payment of money. The language

Fair 3 E.P.2/2025 employed in Section 56 CPC is mandatory in nature and leaves no discretion to the Executing Court in the matter.

6. In the present case, the Judgment Debtor is admittedly a woman.

Therefore, this Court is legally barred from ordering her arrest or detention in civil prison in execution of the decree amount.

7. In view of the explicit prohibition under Section 56 CPC, the relief sought by the Decree Holder in the instant Execution Petition cannot be granted.

8. Accordingly, the Execution Petition is dismissed.

(Partly Typed by P.O. on Lap top provided by the High Court, partly dictated to the Stenographer Grade-III, transcribed by her, corrected and pronounced by me in open court, on this the 13 th day of May, 2026.)

Sd/-

Junior Civil Judge, Metpally.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR THE DECREE HOLDER: - Nil - FOR THE JUDGMENT DEBTOR: - Nil -

EXHIBITS MARKED

FOR THE DECREE HOLDER: - Nil-

FOR THE JUDGMENT DEBTOR : - Nil -

Sd/-

Junior Civil Judge, Metpally.

IN THE COURT OF THE JUNIOR CIVIL JUDGE: METPALLI

Present: Mrs. Madhavi Vinukonda, Junior Civil Judge,

METPALLI.

13-05-2026

EP/9/2021

Between:-

M/s Shriram Chits Pvt.Ltd. Address: R/by its GPA Holder,Mr.Ch.Krishna,S/o Narayana,Aged 313 years,Occu.Legal Manager,R/o Mukarmapura,Karimnagar.

… DHR

AND

Girmaji Gangadhar Address: Occu.Business,Medical shop at Morthad,R/o H.No.8-38,Gandhi road,R/oMorthad mandal of Nizamabad district.

2:Yanama Reddy Venkata Ramana Age: 41 Occupation : Occu.Line man O/o NPDCL Armoor mandal of Nizamabad district R/o H.No.12-62 thakkuri wada Morthad mandal of Nizamabad district(died) 3:Konduri Srinivas Age: 42 Occupation : Occu.Conductor Emp.No.851500 O/o Mancherial Depot R/o H.No.5-9-7 Budharwarpet Nirmal mandal of Adilabad district. Now present at Niramal district. now present working address TSRTC Bainsa Depot 4:Konduri Manohar Age: 42 Occupation : Occu.Conductor Empl.No.677345 O/o TSRTC Kamareddy Depot R/o H.No.1-2/1 Thardla Rampur Nizamabad district now present at Kamareddy district … JDRs

ORDER

The EP is advanced to today ie., 13.05.2026 from 09.06.2026 vide EA no. 2/2026. Counsel for DHr reported that salary attachment warrant of JDr 4 served and filed copy of office order dated 27.04.2026 of DDO. The purpose of EP is served. Hence EP is closed.

Date : 13-05-2026

Sd/-

Junior Civil Judge

METPALLI

IN THE COURT OF THE JUNIOR CIVIL JUDGE: METPALLI

Present: Mrs. Madhavi Vinukonda, Junior Civil Judge,

METPALLI.

13-05-2026

EP/10/2022

Between:-

Shriram Chits Pvt.Ltd., Metpalli branch Address: represented by its GPA holder Mr. Ch. Krishna, S/o. Narayana, age 31 years, Occ Legal Manager, R/o.

… DHR

AND

Gatla Venkateshwar Address: 5-1-30, Mdl. Korutla of Jagtial district 2:Pogula Anjaiah Age: 49 Occupation : 2-5-114 Korutla proper and town of Jagtial district 3:M.A. Azeem Age: 48 Occupation : 1-3-161 Nayeemnagar Korutla Mandal of jagtial distric … JDR

ORDER

Counsel for DHr filed no due certificate certifying that DHr received amount on 16.04.2026 towards full satisfaction of E.P. Counsel for DHr reported that further deductions from salary of JDr no.2 is not required. Address letter to DDo of JDr no.2 to stop attachment of salary. Hence EP is closed.

Date : 13-05-2026

Sd/-

Junior Civil Judge

METPALLI

IN THE COURT OF THE JUNIOR CIVIL JUDGE: METPALLI

Present: Mrs. Madhavi Vinukonda, Junior Civil Judge,

METPALLI.

13-05-2026

EP/3/2023

Between:-

Metpally Address: Metpally … DHR

AND

BalavanthulaGanga Rajam Address: H.No.5-2-5/8 Korutla 2:Shanigarampur Gangadhar Age: 0 Occupation : Korutla 3:Bavanthula Ashok Age: 0 Occupation : H.No.5-4-482 Mdl Korutla 4:Lanka Devarajam Age: 0 Occupation : H.No.5-2-478 Korutl … JDR

ORDER

EP is advanced to today from 30.07.2026 vide order in EA 4/2026. On perusal of record, it is disclosed that Salary attachment warrant of JDr 4 is already served on 28.08.2025. The purpose of EP is served. Hence EP is closed.

Date : 13-05-2026

Sd/-

Junior Civil Judge

METPALLI

IN THE COURT OF THE JUNIOR CIVIL JUDGE: METPALLI

Present: Mrs. Madhavi Vinukonda, Junior Civil Judge,

METPALLI.

13-05-2026

EP/2/2023

Between:-

Metpally Address: Metpally … DHR

AND

Kothapally Kanakaiah Address: SCCL Ltd Srirampoor Are-2 Mancherial 2:Thalla Babu Rao Age: 0 Occupation : SCCL ltd Ramagunda … JDR

ORDER

This EP is advanced to today from 10.06.2026 vide orders in EA 3/2026. The Counsel for DHr reported that Salary attachment warrant of JDr no.3 served on 10.12.2025. The purpose of EP is served. Hence EP is closed.

Date : 13-05-2026

Sd/-

Junior Civil Judge

METPALLI