THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.4003 OF 2008 ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, (for short, “C.P.C.”) is directed against the order, dated 13.08.2008, in E.P.No.31 of 2003 in O.S.No.1291 of 1998, on the file of the Junior Civil Judge, Sathupalli, whereunder and whereby, an arrest warrant under Order XXI Rule 38 C.P.C. against the petitioner/judgment debtor No.1 was ordered to be issued on payment of process. 2. Heard. 3. In considering an application for arrest of the judgment debtor, under Order XXI Rule 38 C.P.C., two requirements are required to be established by the decree holder, namely, the judgment debtor has means to pay the decreetal amount and that he is wantonly and willfully avoiding to pay the same. 4. From the evidence of the respondent/decree holder coupled with the recitals in Exs.A1 to A3, it is clear that the petitioner/judgment debtor No.1 is in possession and enjoyment of Mango garden to an extent of Ac.6-00 situated at survey Nos.86/1 and 285/A of Kuppenakuntla Village of Penuballi Mandal and he was getting Rs.30,000/- per annum on Mango garden and Rs.50,000/- per annum on agriculture and he was evading to pay the decreetal amount. Exs.A1 to A3 pahanies for the years 1994 – 1995 to 1996 – 1997; 2001 – 2002 & 2002 – 2003 and 2004 – 2005 respectively stand in the name of petitioner/judgment debtor. They also reveal that the petitioner was in the possession of Ac.5-30 guntas of land. The contention of the petitioner that he gave Ac.3-30 guntas of land to his daughter towards pasupu kumkuma and remaining land to his son is not established or proved. Therefore, the executing Court rightly ordered for arrest of the petitioner. There are no grounds to interfere with the impugned order. 5. However, in pursuance of the direction of this Court, dated 17.09.2008, in C.R.P.MP.No.5313 of 2008, the petitioner deposited half of the decreetal amount. Having regard to the facts and circumstances of the case, one more opportunity can be given to the petitioner to deposit the remaining decreetal amount within a period of three months from the date of receipt of a copy of this order. Therefore, the impugned order of the executing Court shall be kept under abeyance for a period of three months from the date of receipt of a copy of this order, to enable the petitioner to deposit the remaining decreetal amount. If the petitioner fails to deposit the remaining decreetal amount within the time stipulated above, the order of the executing Court shall be given effect to. On such deposit of balance decreetal amount, the respondent/decree holder is entitled to withdraw the same. 6. With the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs. _______________ K.C. BHANU, J December 09, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINETH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.4003 OF 2008 Between: Rayala Veeraiah .....PETITIONER AND Kollu Mohana Rao ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.4003 OF 2008 December 09, 2010