IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD TUESDAY, THE TWENTY SECOND (22ND) DAY OF FEBRUARY, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.1371 of 2009 Between: Sattenapalli Yoganandam … Petitioner And: Thota Satheesh Kumar … Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.1371 of 2009 ORDER: This civil revision petition is directed against the order dated 26.12.2008 in EP No.61 of 2004 in OS No.608 of 1997 on the file of the Junior Civil Judge, Sathupally, wherein, arrest of the petitioner/JDr was ordered under Order XXI Rule 37 CPC in execution of the decree. 2. Heard both sides. Perused the record. 3. The respondent herein/DHr obtained a decree against the petitioner/JDr for recovery of a sum of Rs.58,215/- and costs and filed EP No.61 of 2004 seeking arrest of the JDr under Order XXI Rule 37 of CPC on the ground that in spite of having sufficient means, the JDr is evading to discharge the decree debt with a mala fide intention. According to the DHr, who is examined as PW.1, the JDr is a Government employee, working in the Forest Department and earning more than Rs.20,000/- per month and is also having landed property and doing commission business. The JDr filed counter, wherein, he admitted that he is a Government employee, but claimed that he has no means or capacity to pay E.P. amount. Of course, the DHr has not filed salary certificate of the JDr to show the income of the JDr. But admittedly, the JDr is a Government employee, working in the Forest Department and is earning salary. The JDr has also not chosen to file the salary certificate to show his net income. 4. Learned counsel for the petitioner would contend that the burden squarely lies on the DHr to establish the means of the JDr and in that connection, he invited the decision in ‘G. Sudhakara Reddy vs. M/s Jahnavi Chit Fund Pvt. Ltd[1]’, wherein, this Court held that ‘the decree-holder has to establish that the JDr has means to pay the decree amount and is refusing or neglecting to pay the same’. The above proposition is not disputed. But in the present case, in view of the categorical admission of the JDr that he is a government employee, working in the Forest Department the burden cast on the DHr to show that the JDr has got sufficient means to pay stands substantially discharged. 5. The learned counsel for the petitioner would then contend that when the JDr is a government employee, drawing salary, the decree-holder can as well seek attachment of the salary of the JDr. In that connection, he relied upon the decision in ‘A.Sambasiva Rao vs. Rudru Bhaskara Rao[2]’, wherein, this Court held that ‘when the petitioner is salaried person, his salary can be attached in execution of the decree’. 6. It is well settled that the DHr can choose any of the modes available under Law in execution of the decree obtained against the JDr. When according to the DHr, JDr is having sufficient means to pay, but still evading or neglecting to pay he would certainly be entitled to take recourse to execution of the decree by seeking arrest of the JDr under Order XXI Rule 37 CPC, which is one of the modes of the execution prescribed under law. There is no legal impediment to the effect that before seeking arrest of the JDr, the other modes of execution have got to be exhausted. The suit was filed in 1997 and decree was passed in 1999 and even after lapse of more than ten years, the JDr has not chosen to discharge the decree debt, though he is admittedly a government employee, working in the Forest Department, and drawing salary. That itself is indicative of mala fides on the part of the JDr in neglecting or evading to pay the decree debt. In the circumstances, the impugned order directing issuance of warrant of arrest of the petitioner/JDr under Order XXI Rule 37 and 38 CPC is not liable to be interfered with. 7. In the result, the civil revision is dismissed. The interim stay granted earlier stands vacated. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 22.02.2011 bss [1] 2006(2) LS 417 [2] 2003(3) LS 119