THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.1551 of 2011 April 21, 2011 Between: R.Abdulla, S/o.R.Basha ... Petitioner And P.V.Sankar, S/o.P.Venkatesam Setty ...Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.1551 of 2011 ORDER: The petitioner is the Judgment Debtor (J.Dr). By impugned order dated 29.3.2011 in E.P.No.73 of 2010, the Court of Junior Civil Judge, Kuppam ordered arrest of the petitioner for non-payment of the amount decreed in O.S.No.42 of 2009. The petitioner is aggrieved by the same and, therefore, the instant civil revision petition is filed. The Counsel for the petitioner submits that the petitioner is working as a cooli, that he has no means to pay the decretal amount and that even though the respondent/Decree Holder (D.Hr) failed to prove that the petitioner has means, the Court erroneously ordered arrest of the J.Dr. The D.Hr filed execution petition alleging that the J.Dr has sufficient means to repay the decretal amount, that he is having immovable properties covered under partition deed dated 12.6.1997 and that though he is getting income from the property he did not choose to satisfy the decree. The J.Dr opposed the execution petition contending that he suffered paralysis for which he is taking treatment in Bengaluru, that he has purchased a mini lorry bearing No.TN 27 M 9897 by taking loan from Eswar Finance, Tamilnadu and that he is not owner of the vehicle. In proof of the allegations, the D.Hr gave evidence as P.W.1 and marked partition deed dated 12.6.1997 as Ex.P1. Considering the evidence as well as the admission made by the J.Dr that he is the owner of the mini lorry having purchased the same by raising finance, the trial Court came to the conclusion that the J.Dr has means to pay the decretal amount. The finding is based on evidence and unless it is shown to be perverse, the civil revision petition under Section 115 of the Code of Civil Procedure, 1908 would not lie. The civil revision petition is misconceived and is accordingly dismissed. _________________ (V.V.S. RAO, J) April 21, 2011 YS