HON'BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION No.4382 of 2008 ORDER: The order under revision is the order passed by the Principal Senior Civil Judge, Guntur in E.P. No.399 of 2007 in O.S. No.165 of 2004, which was filed by the decree holder under Order XXI Rule 37 and 38 to arrest the judgment debtor i.e., the 3rd defendant, and to send him to civil prison to realize the decretal amount with costs. The petitioner-defendant No.3 stood as guarantor for the chit subscribed by the 1st defendant-judgment debtor. The decree holder, instead of proceeding against the borrower, chose to proceed against the 3rd defendant guarantor as he was working as a Superintendent in the Social Welfare Department of the Government of Andhra Pradesh. In the order under revision, the Court below held that though the judgment debtor had sufficient means and the capacity to pay, he had neglected to pay the decretal amount. A warrant of arrest was, therefore, issued against him. This Court, by its order dated 06.10.2008, granted stay of arrest on condition that the petitioner deposited Rs.40,000/- within six weeks. The petitioner initially deposited Rs.10,000/- and filed an application seeking extension of time. It is stated by Sri D. Hanumantha Rao, Learned Counsel for the petitioner, that the interim order of this Court was subsequently complied with, and the balance Rs.30,000/- as directed by this Court was deposited, leaving nearly Rs.60,000/- still due as on date. Sri D. Hanumantha Rao, Learned Counsel for the petitioner, would submit, on instructions, that the petitioner undertakes to pay Rs.5,000/- per month, on or before the 10th of each month, till the entire dues along with interest are cleared. Learned Counsel would submit that the petitioner underwent by-pass surgery, and it would be wholly inequitable that he be arrested and detained in civil prison, more so as he had not borrowed the amount and had merely stood guarantee for the chit subscribed by another. In the light of the unconditional undertaking given by the petitioner to pay Rs.5,000/- per month, on or before the 10th of each month commencing from the month of July, 2010, till the entire dues with interest are cleared, the order of the Court below is set aside. It is made clear that, in case the undertaking given before this Court is not adhered to, the respondent-decree holder is not only entitled to have the decree executed, but also to initiate appropriate proceedings for violation of the order of this Court. The Civil Revision Petition is disposed of accordingly. ____________________________ RAMESH RANGANATHAN, J Date: 01.07.2010 MRKR