THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. OF 1797 of 2008 DATE: 4.2.2011 BETWEEN: Gunda Varahalu Chetty petitioner And Mantri Sivaramakrishna respondent Counsel for the petitioner : Mr C.S. Surya Prakasa Rao Counsel for the respondents: The Court made the following order: THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 1797 of 2008 ORDER: The petitioner herein is judgment debtor and the respondent herein is decree holder. The present revision is filed questioning the order dated 26.3.2008 in E.P. No. 50 of 2006 in O.S. No. 18 of 2001 on the file of the Principal Senior Civil Judge, Anakapalli ordering arrest of the petitioner under Order 21 Rule 37 of Civil Procedure Code, for realisation of decretal amount of Rs.1,90,959/- and costs. The respondent herein obtained a decree dated 14.3.2005 in O.S. No. 18 of 2001 on the file of the Senior Civil Judge for an amount of Rs.1,90,959/- against the petitioner. Since the decretal amount was not paid, he has initiated execution proceedings contending that the petitioner has received voluntary retirement benefits, owns a house, started a school and doing agarbathi business and having sufficient means avoiding payment of decretal amount, hence sought for arrest of the petitioner. The petitioner herein in his cross examination admitted that he owns a house worth about Rs.8,00,000/- having purchased it in the year 1996 by obtaining a loan while in service and he is an income tax assessee and that after retirement he started a school and doing agarbathi business. He also stated that he suffered loss by running a school and doing agarbathi business and contends that he is not in a position to repay the decretal amount. However, learned counsel for petitioner submitted that the petitioner has deposited 1/3rd of the decretal amount in terms of the orders of this Court dated 25.4.2008 and sought permission to repay the balance due amount in easy instalments. Heard the learned counsel for petitioner and Ms.T.V Sridevi learned counsel for respondent and perused the material available on record. Admittedly the petitioner herein owns a costly house worth about Rs.8,00,000/- and doing some agarbathi business and running school, as such, it cannot be said that he is not having means to pay the decretal amount which is below Rs.2 lakhs. Hence, the order under revision needs no interference by this Court and the revision fails and is hereby dismissed. No costs. However, having regard to the fact that the petitioner has already deposited 1/3rd of the decretal amount in terms of the interim orders of this Court dated 25.4.2008 and ready to pay the balance amount in instalments, the petitioner is permitted to pay the balance due amount in two equal monthly instalments, first of which shall be paid by the end of February, 2011 and the second instalment shall be paid by the end of March, 2011. In default of payment of any of the instalments as directed above, this order stands vacated and the respondent/decree holder is at liberty to execute the decree. It is open for the respondent/decretal holder to withdraw the amount stated to have been already deposited by the petitioner and the instalments to be paid by him, as directed above. Accordingly, the revision petition is dismissed, however, the petitioner is , ______________ V ESWARAIAH,J DATE: 4.2.2011 TVK THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 1797 of 2008 DATE:4.2.2010