THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CIVIL REVISION PETITION No.2902 of 2005 Dated:- 28th January, 2011 Between:- Telukula Janardhana Rao …Petitioner AND Grampanchayat, Sompeta …Respondent THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CIVIL REVISION PETITION No.2902 of 2005 ORDER:- This petition is directed against the order dated 29.04.2005 made in E.P.No.11 of 2002 in O.S.No.31 by the Senior Civil Judge, Sompeta, Srikakulam District. 2. Telukula Janardhana Rao, the petitioner herein is the Judgment Debtor in the said E.P. The respondent herein – Grampanchayat, Sompeta, filed a suit in O.S.No.31 of 1993 and obtained a decree against the petitioner for Rs.73,089.24/- (Rupees seventy three thousand and eighty nine rupees and twenty four paise only). Since the petitioner failed to pay the said amount, the respondent filed E.P.No.11 of 2002 for recovery of the decreetal amount. Aggrieved by the same, present CRP is filed by the Judgment Debtor. 3. Learned counsel for the petitioner submitted that an amount of Rs.25,445/- is due by the decree holder itself to the petitioner herein towards value of the work done him as contractor. Admittedly, this point was not raised in the suit and the Court below rightly held that the petitioner herein had not taken this plea in the Original Suit. The next point is that there is no specific averment that the petitioner has no means to pay the amount. As seen from the record and as seen from the contents of the impugned order, it is clear that the petitioner worked as contractor and that he is paying Rs.120/- only towards annual tax to his house and in view of the same, it is clear that the petitioner has sufficient means to pay the amount. The Court below has considered the entire material on record and allowed the Execution Petition and issued arrest warrant against the petitioner herein for realization of the EP amount. 4. When the matter came up for admission before this Court, this Court, by order dated 23.06.2005, admitted the CRP and granted interim stay on condition of the petitioner depositing a sum of Rs.30,000/- (Rupees thirty thousand only) within a period of three weeks there from and further observed that on such deposit, the respondent – decree holder is entitled to withdraw the same without furnishing any security. Learned counsel for the petitioner submitted that complying the order of this Court, the petitioner has deposited Rs.30,000/- and subsequently, the petitioner has also deposited an amount of Rs.10,000/-. Learned counsel further submits that the petitioner is now in financial difficulties as he sustained loss in his business and in view of the same, he prays this Court to grant some more time to the petitioner to pay the balance amount to the respondent/decree holder. 5. Having regard to the facts and circumstances of the case, I am inclined to pass orders as follows:- 6. The petitioner shall deposit half of the balance amount to be paid within a period of 02 (two) months from today and thereafter, he shall deposit the remaining half of the balance amount i.e., the total decreetal amount within a period of 30 days thereafter. Thus, within a period of (03) three months from today, the petitioner shall deposit the entire decreetal amount with interest after giving to the credit of the amount which he has already deposited by virtue of the interim orders dated 23.06.2005 passed by this Court. In case of failure on the part of the petitioner to comply with the above order, the Court below shall proceed with the E.P. 7. The CRP is disposed of accordingly. There shall be no order as to costs. _______________________________ JUSTICE B.CHANDRA KUMAR 28th January, 2011 Bvv