HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:5009 OF 2010 Dated: 12.11.2010 Between: Nerela Venkata Raghavaiah. ..Petitioner And Darsi Subba Rao .. Respondent This Court made the following HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:5009 OF 2010 ORDER: This revision is directed by the petitioner-Decree holder against the order, dated 31.8.2010 passed in E.P.No.20 of 2009 in O.S.No.784 of 2008 by the Principal Junior Civil Judge, Vijayawada. The petitioner-decree holder filed the above E.P. under Order 21 Rules 37 and 38 of CPC to send the Judgment debtor to civil prison for recovery of the decretal amount along with the costs, on the ground that inspite of having sufficient means, the judgment debtor is evading to pay the decretal amount. The respondent-judgment debtor filed a counter in the E.P. stating that he has no means and he is eking his livelihood depending upon his relatives and previously, he did the business and he sustained loss and due to loss in the business, he borrowed several amounts from several persons including the Decree holder and therefore, he is not in a position to discharge the same and he also filed I.P.No.6 of 2010 on the file of the II Additional Senior Civil Judge and the same is pending. The Court below having considered the contentions of both parties dismissed the E.P. Aggrieved by the same, the present revision petition has been filed by the decree holder. Heard the learned Counsel and perused the material available on record. It is the case of the decree holder that though the judgment debtor is doing business and getting Rs.20,000/- p.m. and he is in possession of Rs.2 lakhs, but he is evading to pay the decretal amount. However, the decree holder has failed to adduce any documentary proof to that effect. The material on record goes to show that the decree holder admitted before the Court below that since 2008, the judgment debtor had not purchased the goods from him and apart from that, the Judgment debtor is not having any immovable property. It is also apparent on the face of the record that the judgment debtor filed insolvency proceedings in I.P.No.6 of 2010 on the file of the II Additional Senior Civil Judge, Vijayawada. In this background of the matter, I feel that the Court below is justified in dismissing the execution petition filed by the decree holder and therefore, the impugned order does not suffer from any irregularity or illegality warranting interference by this Court and hence, the revision is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. ________________________ Justice A. Gopal Reddy Date: 12 November, 2010 Nn. HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:5009 OF 2010 12.11.2010