HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.3849 OF 2007 DATE:18-11-2010 BETWEEN Mohammed Abdul Saleem …Petitioner AND Banda Sarojamma @ Sarojini & Another. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.3849 OF 2007 ORDER: Mere filing of an appeal against the dismissal of the suit filed by the petitioner will not amount to staying the operation of the proceedings when the suit was dismissed with costs. In view of the same, the decree holder is entitled to recover the costs. Since the petitioner himself filed the suit for recovery of the amount said to have been advanced by him which was dismissed with costs, the petitioner cannot contend that his means have to be enquired into by the executing Court for ordering the arrest. Since the petitioner has not even present in the Court and was set ex parte in the E.P., it is not open for him to contend that the executing Court is under obligation to enquire into the means of the petitioner before ordering the arrest. No error is found in the impugned order warranting interference by this Court. The revision is accordingly dismissed. Since the petitioner had already paid 1/3rd of the E.P. amount, four weeks time is granted for payment of the balance amount. In default, the executing court can proceed with the execution of the E.P. No costs. _________________ A. GOPAL REDDY, J. NOVEMBER 18, 2010 Tsr.