THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P. No.3986 of 2008 Date of Order: 25-02-2011 Between: Mamidi Setharamarao ..Petitioner and Manikonda Srikrishnaiah ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.3986 of 2008 Oral order: The petitioner/judgment debtor filed this revision aggrieved by the orders of the Executing Court made in E.P.No.94 of 2007 in O.S.No.1692 of 2005, dated 01-08-2008 allowing the petition filed by the decree holder and issuing Rule-38 CPC warrant against the petitioner. For due execution of the decree granted in the suit filed for recovery of the amount of Rs.68,427/- basing on the promissory note, the respondent/decree holder filed the above E.P. stating that the petitioner/decree holder in spite of having sufficient means deliberately failed to discharge the decretal amount and, therefore, necessary steps have to be taken for enforcing the decree. As per the orders passed by the lower court, the petitioner himself was examined as R.W.1 and his evidence goes to show that he is a practicing Surgeon and getting income of Rs.30,000/- per month, but failed to discharge he E.P. amount to the decree holder. Hence, the E.P. was allowed. This Court while issuing notice before admission stayed the impugned order without any condition. Learned counsel for the petitioner now contends that during the pendency of E.P., the petitioner has paid a sum of Rs.30,000/- at one instance and Rs.10,000/- at another instance making total amount Rs.40,000/- and the same has to be given credit to the E.P. amount. No infirmity is discernable to the order passed by the court below. The petitioner is always at liberty to move the court below for giving credit to the amount so deposited and for paying the balance amount. On petitioner filing proof of payment of the amount of Rs.40,000/- to the credit of the suit and on paying a sum of Rs.30,000/- (Rupees thirty thousand only) within two weeks from the date of receipt of a copy of this order and the balance amount within four weeks thereafter, the Arrest Warrant should not be executed. In default of payment, the executing court is at liberty to proceed with the matter. The civil revision petition is accordingly disposed of. No costs. _________________ A.GOPAL REDDY, J. 25-02-2011 Murthy