THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.3607 OF 2009 DT.03.02.2011 Between: Nagella Venkateswarlu ……….Petitioner Vs. Kotturi Hanumantha Rao ………….Respondent. O R D E R: This revision petition is filed by the petitioner/judgment debtor under Section 115 of C.P.C., assailing the correctness of the order, dated 24.06.2009 passed in E.P.No.61 of 2007 in O.S.No.17 of 2006 on the file of the Senior Civil Judge, Markapur. The respondent herein filed the said E.P. under Order 21 Rules 37 and 38 of C.P.C., praying the court below to arrest the judgment debtor and to send him to civil prison for realization of the E.P. amount. The court below after considering the material placed on record and basing on the evidence adduced by both sides, arrived at the conclusion that though the judgment debtor got sufficient means to pay the amount, he is trying to evade payment to the decree holder and thereby held as follows: “In the result, issue Order 21, Rule 38 warrant to the judgment debtor for his arrest and detention in civil prison on payment of batta. The period of detention will be declared after production of judgment debtor before this court. “ This court while admitting the revision, in C.R.P.M.P.No.4994 of 1999, dated 06.08.2009 granted interim stay of all further proceedings, including the petitioner’s arrest in E.P.No.61 of 2007 in O.S.No.17 of 2006 on the file of the court of Senior Civil Judge, Markapur, subject to the condition that the petitioner shall deposit Rs.1,00,000/- including costs and interest within a period of six weeks from the date of the said order. It is represented by the learned counsel that the petitioner has complied with the interim order passed by this court. Taking into consideration the fact that the petitioner has paid the amount as directed by this court in C.R.P.M.P.No.4994 of 2009, the revision petition is disposed of, directing the petitioner to pay the balance amount within a period of three months from today. On such deposit, the respondent is permitted to withdraw the amount without furnishing any security. It is made clear that if the petitioner commits default, the revision petition stands dismissed. No costs. _______________ B.PRAKSH RAO J., Dt.03.02.2011 tjs