HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.4412 OF 2008 DATE:21-04-2011 BETWEEN K.Shiva Sankara Rao …Petitioner AND Sree Mahyogini Tyres, Rep. by its Proprietor Y.Yogeswara Rao …Respondent THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.4412 OF 2008 ORDER: This revision by the judgment debtor is directed to revise the order of I Additional Junior Civil Judge, Vijayawda, dated 4.10.2007 allowing E.P.No.390 of 2004 in O.S.No.2325 of 1998. For due execution of the decree obtained, the decree holder- respondent herein filed the above E.P. stating that the judgment debtor-petitioner herein is doing lorry transport business and owns three lorries, but he is avoiding to discharge the decretal debt. The executing Court accepting the plea of the decree holder that the judgment debtor though having sufficient means to discharge the decretal amount, filed to discharge the suit debt, ordered to send the petitioner to civil prison. This Court on 14.10.2008 issued notice to the respondent but not stayed the arrest of the judgment debtor-petitioner herein. The lorry owned by the petitioner has already been attached and that the financier of the said lorry has filed a claim petition and got released the said lorry. In view of the same, the executing Court rightly ordered for arrest of the petitioner and the impugned order does not suffer from any illegality warranting interference by this Court. However, in the circumstances, it is directed that the petitioner shall not be arrested on condition of his paying the entire decretal amount in two installments, if not already paid, and first of such installment shall be paid by the end of June, 2011 and the second installment shall be paid by the end of July, 2011. In default, the decree holder is at liberty to execute the impugned order. With the above direction, the revision is disposed of. No costs. _______________ A. GOPAL REDDY, J. APRIL 21, 2011 Tsr.