IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU C.R.P.NO.5832 OF 2008 Date:03.02.2011 Between:- T.Venkatesu Reddy ..Petitioner/JDR/defendant And J.Chandra Sekhar Reddy .. Respondent/DHR/Plaintiff ORDER:- The Civil Revision Petition is directed against the order dated 08- 12-2008 in O.E.P.No.67 of 2008 in O.S.No.369 of 2003 on the file of the Principal Senior Civil Judge, Tirupathi, Chittor District whereunder and whereby, the petition filed under Order XXI Rules 37 and 38 of the Civil Procedure Code, 1908 to send the judgment debtor to civil prison to realize the execution petition amount was allowed. 2. Heard. 3. Under Order XXI Rule 37, two requirements are to be satisfied for sending the judgment debtor to civil prison. Firstly, the judgment debtor is having means to pay the decretal amount. Secondly, judgment debtor is willfully or wantonly avoiding to pay the decretal amount. The provisions relating to arrest and detention of the judgment debtor protects and safeguards the interests of the decree holder. If the judgment debtor has means to pay and still he refuses or neglects to honour his obligations, he can be sent to civil prison. 4. The evidence of the respondent/decree holder clearly go to show that the petitioner/judgment debtor is an employee getting Rs.15,000/- per month and having a house worth more than Rs.10,00,000/- and getting rents from the agricultural lands and house at about Rs.20,000/- per month. So it is clear from the evidence on record that the petitioner has means to pay the decretal amount whether there is any element of had faith on the part of petitioner in not paying the amount is there or not. The decree holder obtained decree on 24-11-2005. The present execution petition is filed in the year 2008. Even according to judgment debtor, he is getting Rs.13,000/- per month towards salary. At no point of time, he made attempts to pay some amount out of his savings to the decree holder for the last three years prior to execution. From these facts and circumstances of the case, it can safely be inferred that the judgment debtor still refuses or neglects to honour his obligations. That is the reason why the executing Court rightly ordered for detention of judgment debtor to be sent to civil prison after recording proper and cogent reasons, which needs no interference. In pursuance of the direction given by this Court, the petitioner has paid 1/4th of the decretal amount and it is stated by the learned counsel for the petitioner that the petitioner also paid certain amounts. Therefore, there are no grounds to interfere with the impugned order. However, the order of the executing Court is kept under abeyance for a period of six months from today to enable the petitioner to pay the remaining decretal amount, failing which the order of the executing Court shall be given effect to. 5. With the above observation, the Civil Revision Petition is dismissed. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 3rd February, 2011 AMD