THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.4233 OF 2007 DT.01.07.2010 Between: Gunupati Rami Reddy ……Petitioner Vs. Uppala Sudhakara Rao ………..Respondent O R D E R: The petitioner/judgment debtor filed this revision petition under Section 115 of the Code of Civil Procedure, 1908 (“CPC” for brevity), inter alia, assailing the order dated 09.04.2007 passed in E.P.No.161 of 2005 in O.S.No.526 of 2004 on the file of the Principal Junior Civil Judge, Kavali, in allowing the petition filed under Order XX1, Rules 37 and 38 C.P.C., seeking to send the petitioner/judgment debtor to civil prison. After holding an enquiry, where both sides adduced their evidence, the court below found that though the petitioner/judgment debtor is having sufficient means to pay the E.P. amount, he is evading to pay the same and hence, issued arrest warrant to the petitioner/judgment debtor. As per the order dated 21.09.2007 in C.R.P.M.P.NO.5565 of 2007, this Court granted interim stay on condition of the petitioner depositing 1/3rd of the decretal amount within a period of six weeks from that day, failing which, the stay shall stand vacated automatically. At this stage, it would suffice in the interest of justice to grant further time to the petitioner/judgment debtor for payment of the balance amount. Hence, the revision petition is disposed of directing the petitioner/judgment debtor to deposit the balance E.P. amount within a period of eight weeks from today. It is also made clear that if the petitioner fails to pay the E.P. amount, the order already passed stands revived. No costs. ________________ B.PRAKASH RAO J., Dt.01.07.2010 tjs