HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 5590 OF 2010 Friday, the Ninth day of September, Two Thousand and Eleven Between Koritala Malleswara Rao Petitioner AND Avula Ranga Rao Respondent ORDER: The petitioner herein is the judgment debtor, who suffered a decree dated 21.2.2008 in OS No. 425 of 2003 on the file of the Principal Junior Civil Judge, Narsaraopet, Guntur District and for non-payment of the decreetal amount, the respondent – decree holder filed EP No. 169 of 2009 under Order 21 Rule 37 and 38 CPC inter alia contending that though the petitioner has got Ac.5.00 of landed property and has got sufficient income and means to pay the decreetal amount, is avoiding to pay the said amount. The executing court after examining the parties and considering the evidence, felt that the petitioner herein has got means to pay the decreetal amount and, therefore, he is liable to be arrested and detained in the civil prison for recovery of the decreetal amount. This court while issuing notice before admission granted interim stay of arrest subject to the condition of the petitioner depositing half of the decreetal amount. It is stated that the petitioner has no means to pay and he has no landed property or any asset to clear off the decreetal debt. If really, the petitioner has no means, it is always open for him to file an insolvency petition seeking interim protection or from committing him to civil prison. Having regard to the facts and circumstances of the case, the Civil Revision Petition is dismissed reserving liberty to the petitioner to seek appropriate remedy for his interim protection. No order as to costs. ___________________ Justice V.Eswaraiah September 9, 2011 MAS