THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION NO.339 of 2004 O R D E R: The petitioner challenges an order dated 30.12.2003, passed by the Court of Principal Junior Civil Judge, Madanapalle, in E.P.No.39 of 2003 in O.S.No.144 of 1999, directing arrest of the petitioner. The respondent filed the suit for recovery of amount from the petitioner. The suit was decreed on 27.12.2002. After the decree became final, the respondent filed E.P for a sum of Rs.1,08,586/-. He pleaded that though the petitioner is possessed of sufficient means to honour the decree, he is not paying the decretal amount and accordingly, prayed for arrest of the petitioner under Rules 37 and 38 of Order XXI CPC. The trial Court passed the order under revision directing the arrest of the petitioner. The same is challenged in this Civil Revision Petition. Heard the learned counsel for the petitioner. Though a notice was sent to the respondent to the same address as furnished in the E.P, it was returned. This Court treats the same as sufficient service. The respondent filed E.P under Rules 37 and 38 of Order XXI CPC after the decree became final. By deposing as P.W.1, the respondent stated that the petitioner is a Railway employee and owns dry and wet lands. The petitioner did not contradict that evidence. He did not deny that he is an employee or that he owns the property. The Executing Court was virtually left with no alternative except to order the detention of the petitioner. While admitting the Civil Revision Petition, this Court granted stay on condition of the petitioner depositing a sum of Rs.20,000/-. Though this Court does not find any legal or factual error in the order under revision, it is felt that the petitioner deserves to be given an opportunity to honour the decree. Hence, the Civil Revision Petition is allowed and the order under revision is set aside on the condition that- (a) the petitioner shall deposit a further sum of Rs.30,000/- (Rupees thirty thousand only), within four (4) weeks from today, and thereafter, he shall continue to deposit a sum of Rs.10,000/- (Rupees ten thousand only), on or before 10th of every month commencing from September, 2009, till the entire decree is satisfied. (b) As and when the amounts are deposited, it shall be open to the respondent to withdraw the same without furnishing any security (c) In case the petitioner commits default in depositing the sum of Rs.30,000/- as directed above, or the monthly instalments consecutively for two (2) months, the order under revision shall stand revived and it shall be open to the Executing Court to proceed against the petitioner. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J Dated 7th August, 2009 vrn