THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 1780 OF 2010 DT.5.8.2011 Between: Doddaka Adinarayana … Petitioner And Godavarthi Mallikharjuna Rao … Respondent Counsel for the Petitioner: Sri Nimmagadda Satyanarayana Counsel for respondent: Sri M.V.Suresh The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 1780 OF 2010 ORDER: This revision petition is filed against the order dated 4.3.2010 in E.A. No. 32 of 2010 in E.P. No. 290 of 2009 in O.S. No. 744 of 2006 on the file of the I Additional Junior Civil Judge, Tenali in dismissing an application filed under Order XXI Rule 104, 106 and Section 151 of CPC to set aside the arrest warrant. The petitioner herein is judgment debtor, who suffered a decree dated 5.3.2007 in O.S. NO. 744 of 2006 on the file of the I Additional Junior Civil Judge, Tenali and since the decretal amount was not paid, execution proceedings were initiated in E.P.No. 290 of 2009 seeking arrest of the petitioner-judgment debtor, wherein notice was ordered and E.P. was posted for enquiry. Since, the petitioner-judgment debtor failed to file counter, by order dated 22.1.2010 he was set exparte and ordered arrest. The petitioner- judgment debtor filed E.A. No. 32 of 2010 to set aside the exparte order dated 22.1.2010 and the same was dismissed by the order under revision dated 4.3.2010. The learned counsel for petitioner submitted that the E.P. amount is Rs.81,218/- and pursuant to interim order of this Court dated 23.4.2010 the petitioner has already deposited half of said amount and intends to pay the remaining half in six monthly equal instalments. The learned counsel for respondent-decree holder reported ‘no objection’ for payment of balance due amount in six instalments. Having heard the counsel on either side, without going into the merits of the case, the revision petition is disposed of permitting the petitioner- judgment debtor to pay the balance E.P. amount in six equal monthly instalments commencing from the month of September, 2011. The petitioner-judgment debtor is directed to pay the first instalment before 10th September, 2011 and pay the remaining instalments before 10th of every succeeding month. In default, the interim stay stands vacated and the respondent-decree holder would be at liberty to execute the decree in accordance with law. The respondent-decree holder is at liberty to withdraw the amount deposited by the petitioner without furnishing any security. Accordingly, the revision petition is disposed of. No costs. ______________ V. ESWARAIAH,J DATE: 5.8.2011 tvk THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 1780 OF 2010 DATE: 5.8.2011