IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1068 of 2010 Between: Erakam Sheshaiah ..... PETITIONER AND Kolava Chendra Reddy .....RESPONDENT The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1068 of 2010 ORDER: In spite of service of notice on the respondent, none appears and there is no representation on his behalf. 2. Heard the learned counsel for the petitioner. 3. The petitioner is the Judgment Debtor in O.S.43/2003 filed by the respondent herein on the file of the Junior Civil Judge, Sathyavedu vide judgment and decree dated 15.03.2007. The respondent filed E.P.11/2008 in the said suit for arrest of the petitioner and sends him to civil prison for realization of the said amount as he failed to pay the decretal amount despite of having sufficient means. It is the case of the decree holder/respondent that the petitioner is owning Ac.5.00 of land and earning Rs.1,00,000/- per year, he is also doing seasonable business and he is having sufficient amount. 4. In the said E.P. the petitioner herein filed counter stating that he did not own Ac.5.00 of land and he is not earning Rs.1,00,000/- per year. He is having an extent of Ac.2.05 cents dry land only which was assigned by the Government and the said land is not yielding any crop from 7 years because of failure of monsoon and therefore, he could not discharge the decretal amount. It is stated that he is earning only Rs.100/- per day and the said income is just sufficient for his family maintenance and he has already paid a sum of Rs.35,000/- towards EP amount through one Mediator Murugesan and the mediator fixed Rs.40,000/- in full settlement of the entire amount due under the decree. 5. The decree holder was examined as PW 1. He stated that the petitioner herein has got the land in Sy.No.78/2 to an extent of Ac.2.70 cents and has been earning Rs.50,000/- per annum and he also got mango garden and earning further sum of Rs.50,000/-. PW 2 who was examined on behalf of decree holder also stated that the petitioner herein has got Ac.2.74 cents land in Sy.No.75/2 and he got marked Ex.A1 xerox copy of No.3 adangal. Thus, it is evident that the petitioner has got Ac.5.44 cents of agricultural land, but whereas according to the petitioner he got only Ac.2.74 cents and the same was assigned by the Government. 6. Considering the oral and documentary evidence available on record, the Court below came to the conclusion that even according to the petitioner/Judgment Debtor he got Ac.2.74 cents of dry land in Sy.No.75/2 and he has got sufficient means to pay the decretal amount and accordingly allowed the said E.P. directing to issue arrest warrant against the petitioner herein for not paying the E.P.amount. Aggrieved by the same, this Civil Revision Petition is filed. 7. This Court while issuing notice before admission on 12.03.2010 granted interim stay as prayed for subject to condition of the petitioner depositing half of the E.P.amount to the credit of the E.P.11/2008 in the said suit within a period of three weeks and on such deposit the decree holder is permitted to withdraw the same without furnishing any security. 8. The learned counsel for the petitioner submitted that the conditional order is complied with, and the petitioner deposited half of the decretal amount vide treasury challan No.7267 dated 30.03.2010 amounting to Rs.46,500/-. Therefore, it cannot be said that the petitioner has no means to pay. 9. As petitioner has already paid half of the E.P.amount, having regard to the facts and circumstances of the case, the Civil Revision Petition is disposed of, granting time to the petitioner/judgment debtor to deposit the remaining balance of E.P.amount on or before 30.10.2010, failing which it is left open for the respondent/decree holder to execute the arrest warrant against the petitioner/judgment debtor. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 16.07.2010 Dsr