HON’BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.3038 of 2009 ORDER: This Civil Revision Petition filed under Section 115 of C.P.C. is directed against the order dated 3.7.2009 passed in E.P. No.104 of 2008 in O.S. No. 571 of 2007 on the file of the learned Senior Civil Judge, Gudur. The petitioner is the judgment debtor in the suit in O.S. No. 571 of 2007 on the file of the learned Senior Civil Judge, Gudur, which was filed by the respondent for recovery of money. The said suit was decreed in favour of the respondent. Thereafter the respondent filed E.P No. 104 of 2008 under Order 21 Rules 37 and 38 read with Section 55 of C.P.C. to arrest and detain the judgment debtor in civil prison. By the impugned order, the Court below passed the docket order, which reads thus: “For payment of balance. J.D.R. called absent. Issue arrest warrant. Call on 4.8.2009.” Challenging the said order, the petitioner-judgment debtor filed the present revision. In this civil revision petition, it is the grievance of the petitioner that the Court below without recording any finding that even though the petitioner was having sufficient means to pay the decreetal amount, he evaded to pay such amount, has simply ordered for arrest of the petitioner, without any valid reasons. Hence, he prayed that the impugned order be set aside. On the other hand, it is submitted by the learned counsel appearing for the respondent-decree holder that although the decree has become final, he is evading to deposit the decretal amount. On 20.7.2009, this Court while ordering notice before admission, passed an interim order subject to the condition of the petitioner depositing Rs. 25,000/-. At the hearing, it has been submitted by the learned counsel for the petitioner that pursuant to the aforesaid order, the petitioner has deposited the said amount, which was also withdrawn by the respondent. I have perused the order passed by the Court below. In as much as, no reasons have been recorded by the Court below for passing the impugned order, I think it a fit case to remand the matter to the Court below for fresh consideration. Accordingly, the revision petition is allowed and the impugned order dated 3.7.2009 is set aside and the matter is remitted back to the Court below for passing appropriate orders afresh. The Court below is directed to dispose of the matter as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. . It is however, made clear that the amount deposited by the petitioner would be adjusted towards the amount due under the decree obtained by the respondent-decree holder. The revision petition is accordingly allowed. No costs. ____________________ R. SUBHASH REDDY,J Date: 7th March, 2011 pnb