HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY C.R.P.No.72 of 2011 Date : 8-4-2011 Between : Jamana Laxminarayana .. Petitioner And Muddada Varalaxmi .. Respondent Counsel for petitioner : Sri N.G.K. Nair Counsel for respondent : None appeared The Court made the following : ORDER: This Civil Revision Petition arises out of order dated 27-9-2010 in E.P.No.237/2009 in O.S.No.141/2008 on the file of Principal Junior Civil Judge, Srikakulam. The petitioner is the Judgement-debtor. The suit O.S.No.141/2008, filed by the respondent, was decreed. For execution of the said decree, the respondent filed E.P.No.237/2009 for arrest and detention of the petitioner under Order 21 Rules 37 and 38 C.P.C. The petitioner filed a counter affidavit apart from examining himself as RW-1. Both in his pleadings as well as in the evidence, the petitioner has categorically stated that he is capable of discharging the E.P. amount. On 4-3-2011, Sri N.G.K.Nair, learned counsel for the petitioner while stating that even though his client is working as Panchayat Secretary and getting decent salary, since the decretal amount is substantial, his client may be permitted to pay a part of the decretal amount. Accordingly, this court granted stay subject to the petitioner depositing 50% of the balance outstanding E.P. amount within a period of one month. Today, the learned counsel reported to the court that the petitioner failed to deposit the said amount. Considering the fact that the petitioner is a Government employee working as Panchayat Secretary and his own admission that he has capacity to discharge the E.P. amount, I do not find any error in the order of the lower court in ordering his arrest and detention due to non- payment of the E.P. amount. For the above mentioned reasons, the Civil Revision Petition fails and the same is accordingly dismissed. ____________________ C.V.Nagarjuna Reddy.,J Date : 8-4-2011 AM