THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 4573 of 2008 Date of order: 18.6.2010 Between: M. Seetha Rama Rao …Petitioner and D. Subrahmanya Sarma ..Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 4573 of 2008 ORDER: Heard learned counsel for the petitioner. The petitioner is the judgment debtor who is aggrieved by the order dated 16.9.2008 passed by the III-Additional Senior Civil Judge, Vijayawada in EP No. 123 of 2006 in OS No. 1225 of 2004 whereby the court below issued warrant of arrest for detaining the judgment debtor in civil prison for not paying the decretal amount in spite of his financial ability to pay the amount. This Court, while admitting the revision petition on 24.10.2008, had granted interim stay on condition of the petitioner depositing half of the decretral amount together with interest and costs within six weeks. The learned counsel for the petitioner now represents that the interim order has been complied with. The impugned order shows that the petitioner/judgment debtor is a practicing doctor, he has got very good practice and he is an income tax assessee and therefore, there is no reason to think that he is in financial difficulty in complying with the decree. In view of the fact that half of the decretal amount has already deposited, I am not inclined to interfere with the impugned order. The revision petition is dismissed. However, in the interest of justice, the petitioner/judgment debtor is granted two months’ time from today to deposit the balance decretal amount to the credit of EP No. 123 of 2006 in OS No. 1225 of 2004 on the file of the III-Additional Senior Civil Judge, Vijayawada, in default the decree holder shall be free to approach the Executing Court for execution of the decree. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 18.6.2010 KR