THE HON’BLE SRI JUSTICE V. ESWARAIAH C.R.P.No.3206 of 2010 ORDER: The petitioner herein is judgment debtor No.6, who suffered a decree along with other five defendants in O.S.No.670 of 2005 on the file of the III Additional Senior Civil Judge (FTC), Guntur, for payment of money. As the decretal amount was not paid, the 1st respondent-decree holder filed E.P.No.329 of 2009 in O.S.No.670 of 2005 seeking arrest of judgment debtors 4 and 6 and commit them to civil prison for realization of the E.P. amount. The court below vide its order, dated 06-07-2010, allowed the E.P. Aggrieved thereby, the present Civil Revision Petition is filed. I have perused the material on record. In the affidavit filed in support of the E.P., the respondent herein stated that the petitioner herein has got a house bearing Door No.20-1-30 situated at Chowtra Down, Guntur, worth Rs.10 lakhs and that he is the proprietor of a Jewellery shop and earning Rs.4 lakhs. He is also an income tax assessee. Though the petitioner is having sufficient means to pay the decretal amount, he is avoiding to pay the same. As against the said averments, the petitioner herein filed counter stating that he has no means to pay the decretal amount in lump sum and that he has no properties either movable or immovable of his own. If that be so, I am of the opinion that the petitioner could have filed a certificate stating that the said house does not belong to him. Further, the petitioner has not specifically denied that he is not the owner of the said house, that the Jewellery shop does not belong to him and that he is not an income tax assessee. I am of the opinion that the court below rightly believing the version of the decree holder that the petitioner in spite of having sufficient means to pay the decretal amount is avoiding to pay the same, allowed the E.P. Learned counsel appearing for the petitioner submits that the petitioner has already deposited 1/4th of the E.P. amount. Learned counsel appearing for the 1st respondent herein submits that as per the instructions received by him on 12-08-2011, the remaining amount payable is only Rs.65,000/-. Having regard to the facts and circumstances of the case, the petitioner is permitted to pay balance E.P. amount within three monthly equal instalments. The first instalment shall be commenced by 05- 10-2011, in default to pay any of the instalments, it is open to the decree holder-1st respondent to execute the impugned order. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. __________ 27-08-2011 Prv