THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY C.R.P.No.3811 of 2010 Date : 27-8-2010 Between : R.Subramanyam s/o.R.Swami Setty Aged about 57 years, occ: Business, R/o.Bellary, Karnataka .. Petitioner And M/s.Margadarsi Chit Fund Pvt.Ltd., Kurnool, represented by its Manager R.Jagadish Kumar, Kurnool District and another .. Respondents Counsel for petitioner : Sri R.Prasad Counsel for respondent No.1 : Sri A.V. Sesha Sai The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY C.R.P.No.3811 of 2010 ORDER: This Civil Revision Petition is filed against the order dated 8- 2-1010 in E.A.No.168/2009 in E.P.No.107/2005 in O.S.No.114/2004 on the file of the learned Senior Civil Judge, Adoni, Kurnool District. The petitioner is a third party to the suit and the E.P. proceedings between respondents 1 and 2. The 1st respondent filed the abovementioned suit and obtained a decree against the 2nd respondent. In execution of the said suit, the 1st respondent filed E.P.No.107/2005 for arrest and detention of the 2nd respondent/Judgment-debtor in civil prison. The Court below allowed the said E.P. Questioning the said order, the 2nd respondent filed C.R.P.No.3392/2008. This Court in C.R.P.M.P.No.4492/2008 granted stay of arrest of the Judgment-debtor, subject to depositing 1/4th of the E.P. amount and the 1st respondent/Decree-holder was permitted to withdraw the same without furnishing any security. Eventually the said C.R.P. came to be disposed of by this Court by order dated 28-4-2009, whereby while setting aside the order of the lower Court, this Court has directed the Court below to dispose of the E.P. afresh. This Court has further observed : “It is needless to state that any amounts deposited by any of the Judgment-debtors to the credit of the E.P. can be withdrawn by the Decree-holder without furnishing any security in part satisfaction of the decree debt”. The petitioner filed E.A.No.168/2009 for permission to withdraw 1/4th of the decretal amount stated to have been deposited by him on behalf of the 2nd respondent in order to comply with the conditional order passed by this Court in C.R.P.M.P.No.4492/2008 in C.R.P.No.3392/2008. This application was dismissed by the lower Court. I have heard Sri R.Prasad, the learned Counsel for the petitioner and Sri A.V. Sesha Sai, the learned Counsel for the 1st respondent. While dismissing the application, the Court below has observed that whether the deposit was made by the petitioner in his capacity as third party or in whatever other capacity, it amounts to the deposit made by the Judgment-debtor in order to comply with the condition contained in the interim order of this Court and as this Court while disposing of the C.R.P. has permitted the Decree-holder to withdraw the amount already deposited, the petitioner is not entitled to insist on withdrawal of the amount by him. In my opinion, this reasoning of the lower Court is proper and rational. In order to see that the Judgment-debtor is not arrested, the above mentioned deposit was made by the petitioner who claims to be the former’s brother-in-law. As such, as rightly observed by the Court below, the said amount is deemed to have been deposited by the Judgment- debtor himself to save himself from his arrest. This being the position, the Decree-holder is entitled to withdraw the said amount in terms of the permission given by this Court in its order dated 28-4-2009 while disposing of C.R.P.No.No.3392/2008. For the above mentioned reasons, the Civil Revision Petition is dismissed. No costs. ________________________ Justice C.V.Nagarjuna Reddy Date : 27-8-2010 AM