THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.5382 OF 2009 DATED:29-01- 2011. Between Akkili Sunkanna … Petitioner-J.Dr. And S.Md.Siddiq …Respondent-D.Hr. THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.5382 OF 2009 ORDER: This revision is directed against the order, dated 20-10-2009 in E.P.No.59 of 2008 in O.S.No.333 of 2005 on the file of the Principal Junior Civil Judge, Anantapur, whereunder and whereby the Execution Petition filed under Order XXI Rule 37 and 38 CPC to issue arrest warrant against the J.Dr. was allowed. 2. For invoking Order XXI Rule 37 CPC, two requirements are to be satisfied, firstly; the J.Dr. has means to pay the decretal amount and secondly; the J.Dr is willfully or wantonly evading to pay the decretal amount. If the two requirements are satisfied by the D.Hr, then arrest of the J.Dr can be made. As seen from the evidence of D.Hr. it is clear that the J.Dr is doing business and established agarbatti shop in old town, Anantapur and doing wholesale and retail business and having properties and ready cash. Therefore, he has got means to pay the decretal amount. The decree was passed on 09-04-2007 and since then the J.Dr has not evinced any interest to pay the decretal amount. Therefore, it can be inferred from the facts and circumstances of the case that the J.Dr is wantonly and willfully evading to pay the decretal amount though he has means to pay the decretal amount. Considering these facts, the trial Court rightly ordered arrest of the J.Dr. and the said order does not call for any interference by this Court. 3. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. -------------------- K.C.BHANU, J DATED: 29-01- 2011 Hsd