THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITIION No.5616 of 2009 ORDER: This Civil Revision Petition is directed against the order dated 30.10.2009 in E.P.No.5 of 2008 in O.S.No.82 of 2009 on the file of the Senior Civil Judge, Markapur, whereunder and whereby, arrest warrant under Order XXI Rule 38 C.P.C. was ordered against the petitioner herein-JDr No.3. The learned counsel for the petitioner/JDr No.3 vehemently contended that the impugned order is not in accordance with law. On the other hand, the learned counsel for the first respondent/DHr contended that though JDr No.3 has means, he is evading payment of balance of E.P. amount. As seen from the record, the executing Court, considering the facts and circumstances of the case and the evidence, came to the conclusion that JDr No.3 was evading payment of amount due to Decree Holder and accordingly, issued arrest warrant against JDr No.3. Admittedly, JDr No.3 already paid Rs.46,434.40ps and the balance is Rs.33,699.00. That itself shows that Judgment Debtor has sufficient means to discharge the decretal amount. Considering this aspect of the matter, the trial Court rightly ordered arrest warrant. In the circumstances, there is no error apparent on the face of record warranting interference with the order impugned, which is based upon proper appreciation of evidence on record. However, the learned counsel for the petitioner/JDr No.3 prays two months’ time for payment of 0 of E.P. amount. Considering the facts and circumstances of the case, two months’ time from today is granted to the petitioner/JDr No.3 for payment of balance of E.P. amount, failing which order impugned shall be given effect to. With the above observations, the Civil Revision Petition is dismissed. No costs. _______________ (K.C. BHANU, J) 16th February, 2010 GHN