IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4611 of 2009 Between: K.Gurrappa Modalier ..... PETITIONER AND P.Sasikala .....RESPONDENT The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4611 of 2009 ORDER: Heard both the counsel. The petitioner is the Judgment Debtor, who suffered the decree in O.S.123/2008 on the file of the Principal Junior Civil Judge, Srikalahasti for a sum of Rs.75,549/- vide judgment dated 29.10.2008. As the said decretal amount was not paid, the respondent/decree holder filed E.P.77/2009 under Or.XXI Rules-37 and 38 CPC for realization of the EP amount and in default to commit the petitioner/Judgment Debtor to civil prison. The respondent/decree holder contended that the petitioner/judgment debtor having sufficient means and getting considerable income from the rice mill and agricultural land, apart from rents on houses situated at Srikalahasti, he is avoiding to pay the decretal amount. The said E.P. was allowed and ordered for issuance of arrest warrant against the petitioner/judgment debtor by order dated 08.09.2009. Aggrieved by the same, the petitioner/judgment debtor filed this civil revision petition. This Court while issuing notice before admission on 25.09.2009, granted interim stay of the impugned order of the court below subject to the condition of the petitioner/judgment debtor depositing half of the E.P.amount within a period of three weeks. It is stated that the said order has been complied with by depositing Rs.42,241/- (Rupees forty two thousand and two hundred forty one only) by way of challan dated 14.10.2009, and the same was allowed to be withdrawn by the respondent/decree holder. I have perused the entire record. Despite the respondent/judgment debtor was in a position to repay the E.P.amount, but he is avoiding to pay the E.P.amount. The Court below has rightly ordered to issue warrant of arrest against the petitioner/judgment debtor. However, having regard to the payment of half of the E.P.amount by the petitioner/judgment debtor pursuant to the interim order passed by this Court, I am inclined to grant permission to the petitioner/judgment debtor for payment of the balance EP amount in two instalments. The Civil Revision Petition is accordingly disposed of, permitting the petitioner/judgment debtor to pay the balance E.P. amount in two equal monthly instalments. The first instalment shall be made by 20th May, 2010 and the second instalment shall be made by 20th June, 2010 without fail. In case the petitioner/judgment debtor failed to pay any one instalment, it is open for the respondent/decree holder to execute the impugned order of the court below dated 08.09.2009. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 16.04.2010 Dsr