HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISON PETITION No. 3712 OF 2008 Friday, the Twenty Sixth Day of November, Two Thousand and Ten Between p.Hemanth Petitioner AND Madaka Nagaraju and others Respondents ORAL ORDER: The petitioner is the judgment debtor No.1 having suffered a decree in MOP No. 467 of 2004 dated 27.7.2005 on the file of the IX Addl. District Judge (Fast Track Court), Visakhapatnam. As the decreetal amount was not paid, the decree holder – first respondent herein filed EP No. 30 of 2005 in the said MOP No. 467 of 2004 seeking recovery of Rs.84,855.00 praying to issue notice under Order 21 Rule 37 CPC to the judgment debtor No.1 and in the event of his failing to pay the decreetal amount, to order his arrest by issuing Rule 38 Warrant and to commit him to civil prison under Section 55 of C.P.C. for realization of the E.P. amount. No counter was filed and the E.P. was not contested. The decree holder was examined as PW-1 and he deposed that the judgment debtor is running a taxi service business and also doing real estate business and earning Rs.60,000/- per month apart from having movable and immovable properties and intentionally avoiding payment of the decreetal amount. As the petitioner did not come forward to file any counter and the averment made by the decree holder in the affidavit were not at all rebutted, the court below passed the impugned order issuing warrant on payment of process. The said order was stayed by this court on the representation made by the learned counsel for the petitioner stating that substantial amounts have already been paid. Having gone through the material available on record, I do not find any legal infirmity in the order impugned as the said order is passed putting the petitioner on notice and after affording reasonable opportunity to him. The averments made in the affidavit are not at all rebutted. Consequently, the Civil Revision Petition fails and is accordingly dismissed. No order as to costs. ___________________ Justice V.Eswaraiah November 26, 2010 MAS