HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 5190 OF 2010 Friday, the Twenty Third day of September, Two Thousand and Eleven Between Kanamarlapudi Venkata Rama Lingeswara Rao Petitioner AND Chandole Srinivasa Rao Respondent ORDER: The petitioner is judgment debtor. The suit O.S. No. 399 of 2008 on the file of the IV Addl. Senior Civil Judge, Guntur, was decreed for a sum of Rs.1,22,600.00 along with interest at 12% from the date of suit till the date of decree and at 6% p.a. from the date of decree till the date of realization on a sum of Rs.1.00 lakh. The said judgment and decree has become final. As the decreetal amount was not paid, the respondent – decree holder filed EP No. 265 of 2009. It is stated that the judgment debtor was called absent on 26.8.2010 and having perused the previous endorsement, as the Registered Post was being returned continuously, the court below held that it is sufficient service and consequently issued arrest warrant to the petitioner herein subject to enquiry under Rule 40 CPC, on payment of batta. I am of the opinion that under Order 21 Rule 40, enquiry has to be conducted again when the judgment debtor is brought before the court before sending him to civil prison so as to afford an opportunity to the judgment debtor of being heard and for passing appropriate orders. Therefore, the executing court has rightly held that it is sufficient service, as successive notices could not be served on the petitioner and, therefore, it cannot be said that there was no proper notice. However, the petitioner has paid 1/3rd of the decreetal amount pursuant to the interim order passed by this court. Having regard to the facts and circumstances of the case, the Civil Revision Petition is dismissed granting three months time to pay the entire balance E.P. amount, failing which the respondent – decree holder is at liberty to execute the decree in accordance with law. No order as to costs. ___________________ Justice V.Eswaraiah September 23, 2011 MAS