THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION NO.2128 OF 2004 DATED 07.08.2009 Between: Allu Rajarao …Petitioner And Nethi Veera Venkata Surya Satyanarayana Murthy … Respondent Counsel for the petitioner: SRI ERANKI PHANI KUMAR Counsel for the respondent: NONE APPEARED THE COURT MADE THE FOLLOWING O R D E R: The respondent filed O.S.No.1279 of 1999 in the Court of I-Additional Junior Civil Judge, Kakinada, against the petitioner for recovery of certain amounts. The suit was decreed and after the decree became final, the respondent filed E.P.No.535 of 2002 under Rules 37 and 38 of Order XXI CPC. He pleaded that though the petitioner is possessed of adequate means, he is not paying the decretal amount. The Executing Court recorded the evidence of the parties and, through its order dated 03.03.2004, directed arrest of the petitioner. The same is challenged in this Civil Revision Petition. Heard learned counsel for the petitioner. None appears for the respondent. The petitioner does not dispute the obligation under the decree. The only ground urged by him is that though he is an employee, the respondent has sought for arrest without praying for other reliefs. The petitioner, by himself should have offered to pay the amount, if he wanted to avoid the arrest. There are absolutely no bona fides on the part of the petitioner. This Court passed an interim order of stay on 23.04.2004, on condition that the petitioner deposits half of the decretal amount, within eight (8) weeks. On account of lack of proper information, the learned counsel for the petitioner is not able to state as to whether the condition was complied with. Be that as it may, the Civil Revision Petition is disposed of directing that (a) the order under revision shall be in abeyance till the petitioner clears the liability under the decree in the following manner- (i) In case the 50% of the decretal amount, as directed by this Court in the order, dated 23.04.2004, is not deposited yet, he shall deposit the same within four (4) weeks from today. (ii) The petitioner shall pay, till the realisation of the decretal amount, a sum of Rs.7,500/- (Rupees seven thousand and five hundred only) per month, on or before 10th of every month commencing from September, 2009. (iii) It shall be open to the respondent to withdraw the amount, as and when deposited, without furnishing any security. (b) If the petitioner commits default in any of the conditions referred to above, the order under revision shall become operative and it shall be open to the respondent as well as the Executing Court to enforce the order. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J Dated 7th August, 2009 vrn