THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.4223 OF 2007 DT.17.6.2010 Between: Samadi Pedda Abbaiah @ Pedda Malakondaiah ……………Petitioner Vs. Borra Ramachandraiah ……………….Respondent. O R D E R: The petitioner herein, who is the judgment debtor, filed this revision petition under Section 115 of Civil Procedure Code, inter alia, seeking to assail the correctness of the order of arrest passed in E.P.No.64 of 2004 in O.S.No.318 of 1998, dated 24.07.2007 on the file of Principal Junior Civil Judge, Kovur, which was laid by the respondent/decree holder in pursuance of a decree obtained by him. The court below after holding an enquiry and basing on the evidence let in by both parties, found that though the petitioner herein is having sufficient means to pay the E.P. amount, he is wantonly evading to discharge the same. Hence, ordered for arrest of the petitioner. Aggrieved by the same, the present revision petition is filed. Heard Smt.B.Anuradha, learned counsel appearing for the petitioner and perused the material placed before this court. Heaving heard the learned counsel for the petitioner and on perusing the material placed before this court, it is seen that at the time of admission, this court granted interim stay in C.R.P.M.P.No.5554 of 2007, dated 28.09.2007 subject to the condition of the petitioner depositing 1/3rd of the decretal amount within a period of six weeks from the date of that order. Having regard to the same and in view of the finding of fact arrived at by the court below, I do not see any merit in the revision petition. The revision petition is, therefore, dismissed. However, the petitioner is directed to deposit the entire amount within a period of two weeks from the date of passing of this order. On such deposit, the respondent is permitted to withdraw the amount. It is needless to mention that the amount already deposited by the petitioner shall be given credit to. If the amount as directed by this court is not deposited by the petitioner, the order of the court below shall be revived back. No order as to costs. ________________ B.PRAKASH RAO J., Dt.17.06.2010 tjs