IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.1087 OF 2008 BETWEEN K. Aruna and three others. …PETITIONERS AND M/s. Margadarsi Chit Fund Ltd. …RESPONDENT Counsel for the petitioner: MR. V. JAGAPATHI Counsel for the Respondent: MR. A.V. SESHA SAI The Court made the following: - ORDER: The petitioners - judgment debtors are aggrieved by the order of the executing Court in E.P.No.20 of 2005 in O.S.No.8 of 2004 dated 01.02.2008 in directing warrant of arrest to be issued against them for non-payment of the amount under the decree. 2. This Court while issuing notice before admission on 12.03.2008 had granted stay of arrest subject to the condition of the petitioners depositing half of the decretal amount within three weeks. It is reported that the said order has been complied with and the decree holder has already received the said amount. What remains, therefore, is only the balance half of the decretal amount, which is now said to be about Rs.1,64,000/-. 3. Heard both sides. 4. After hearing the matter at length and after perusing the detailed order passed by the executing Court on 01.02.2008, I am of the view that the Court below was justified in coming to the conclusion that the judgment debtors have means to pay the decretal amount but have been evading the same. The impugned order, therefore, warrants no interference in view of the findings recorded by the executing Court in paragraph 8 of the impugned order. 5. However, keeping in view the fact that half of the decretal amount is already paid by the petitioners and received by the decree holder as per the order of this Court dated 12.03.2008, I deem it appropriate to grant six (6) months time to the petitioners, who shall pay the balance decretal amount in equal monthly installments commencing from August 2010 and the first payment shall be made on or before 10.08.2010. It is made clear that in default of the petitioners’ compliance with the said condition the respondent/decree holder shall be at liberty to approach the executing Court and the executing Court shall pass appropriate orders in accordance with law. Subject to the above, the civil revision petition is dismissed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J July 8, 2010 DSK