HON’BLE SRI JUSTICE B. PRAKASH RAO Dated 27-4-2010. CIVIL REVISION PETITION No.4951 OF 2009 Between: Yerrasani Suri Babu. …Petitioner. And: Kota Krishna Babu. ...Respondent. HON’BLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No.4951 OF 2009 ORDER: The petitioner herein is the judgment debtor who is seeking to assail the order of arrest in E.P.No.1081 of 2008 in O.S.No.393 of 2002 passed by the learned 1st Additional Junior Civil Judge, Guntur. Heard both sides. Perused the material available on record. With the consent of both the learned counsel, this C.R.P. is disposed of. The application in E.P.No.1081 of 2008 in O.S.No.393 of 2002 is filed by the Decree Holder seeking to arrest the Judgment debtor and send him to the Civil Prison for the realisation of the E.P. amount. The Court below having observed that the D.Hr. has proved the means of the J.Dr. in paying the entire decretal amount with interest at a time, allowed the application. Having aggrieved by the same, the present revision has been preferred by the Judgment Debtor. The Court below after due enquiry having found that in spite of having means, the petitioner-J.Dr. is evading to discharge the liability, ordered arrest of the Judgment debtor. In view of such finding, nothing lies to be considered in the present revision petition. Though several contentions have been raised on behalf of both sides and having found the fact arrived at by the Court below to the effect that in spite of having means, the petitioner is evading to discharge the liability, there is no option except to seek for arrest. However, having taken into consideration the fact that the petitioner has already made a deposit of half of the decreetal amounts and the petitioner is prepared to pay the balance by way of installments, it is a fit case wherein the petitioner can be permitted to pay the balance of E.P amount by way of instalments. Accordingly, the petitioner is permitted to deposit the balance of E.P amount in monthly installments at the rate of Rs.5,000/- (Rupees five thousand only) commencing from the month of June, 2010 payable on or before 15th of every ensuing month and on such deposit, the respondent is permitted to withdraw the same without furnishing any security. However, it is also made clear that in case of any default, the order of arrest which is impugned herein shall stand operative. Subject to the above direction, this C.R.P is disposed of. No costs. _____________________________ JUSTICE B. PRAKASH RAO Dated 27-4-2010. Dvs HON’BLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No.4951 OF 2009 Dated 27-4-2010.