THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.4758 of 2008 Date of Order: 25-04-2011 Between: Vajje Durga Prasad Rao ..Petitioner and Suryadevara Murali Mohana Rao ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.4758 of 2008 Oral order: Heard the learned counsel for the petitioner. In spite of service of notice none appears for the respondent. Petitioner/judgment debtor filed a suit against the respondent/decree holder for specific performance of contract dated 05-10- 1993 directing to pay the value of the lorry, which was dismissed with costs of Rs.6,042/-. As the said costs have not been deposited, the decree holder in the suit filed the E.P.No.44 of 2006 in O.S.No.211 of 1997. Learned counsel for the petitioner contends that the respondent/decree-holder filed O.S.No.1247 of 2004 for specific performance to deliver the papers required for transfer of lorry on receipt of balance consideration; on decreeing the suit in his favour, the petitioner herein preferred appeal on the file of II Additional District Judge, Vijayawada and obtained stay on deposit of the amount. From the amount deposited by the petitioner, the respondent can always withdraw the costs now imposed on the petitioner. Therefore, the lower court committed an illegality in allowing the E.P. and issuing arrest warrant. It is not disputed that the lower court allowed the above E.P. on payment of batta. Having regard to the fact that the amount of the petitioner/judgment debtor is lying to the credit of the suit—O.S.No.1247 of 2004 on the file of I Additional Senior Civil Judge, Vijayawada, the executing court can always attach the amount due under the E.P. from the said amount deposited, if not already withdrawn by the petitioner herein. In the event of petitioner withdrew the said amount, on condition of petitioner depositing the E.P. amount within four weeks from today, he shall not be arrested. In default, the lower court can proceed with the warrant. With the above direction the Civil Revision Petition is disposed of. No costs. _________________ A.GOPAL REDDY, J. 25-04-2011 Murthy