IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD TUESDAY, THE THIRTEENTH (13TH) DAY OF SEPTEMBER, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRP No.1888 of 2011 Between: Gadhe Raji Reddy … Petitioner And: Kallem Ram Reddy … Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRP No.1888 of 2011 ORDER: This revision is directed against the order dated 15.04.2011 in EP No.126 of 2006 in OS No.228 of 2003 on the file of the Principal Junior Civil Judge, Karimnagar, wherein, the said EP filed by the respondent herein was allowed, directing the petitioner- JDr to pay EP amount of Rs.56,991/- within one month from the date of order, failing which the petitioner-JDr shall be detained in civil prison for one month. 2. Heard both sides. Perused the record. 3. it is not disputed that the respondent herein filed suit OS No.228 of 2003 and got a decree against the petitioner/JDr for recovery of amount due and in execution of the decree, filed EP No.126 of 2006 under Order 21 Rules 11,30 and 40 CPC. The petitioner filed counter, opposing the application. During enquiry, PWs.1 and 2 were examined and Exs.P.1 to P.9 were marked on behalf of the DHr and RWs.1 to 4 were examined but no documents were marked on behalf of the JDr. By impugned order, the learned Junior Civil Judge, Karimnagar, held that the petitioner-JDr is possessed of property but failed to pay the decree amount. Aggrieved by the same, the JDr filed the present revision. 4. While ordering notice before admission, this court on 18.05.2011 directed the JDr to deposit half of the EP amount. It is stated that interim order has since been complied with. The petitioner therefore is liable only for the remaining half of the decretal amount. The finding of the executing court that the petitioner-JDr is having sufficient means does not call for any interference, as the said finding is based on the oral and documentary evidence adduced. However, the default clause in the impugned order that the JDr be detained in civil prison for one month is unwarranted and is accordingly set aside. The petitioner- JDr is granted four months time for payment of the balance amount due under the decree from the date of the receipt of the copy of this order. In the event of default, it is open to the DHr to seek arrest and detention of the JDr in the civil prison in this EA itself. The impugned order is accordingly modified. 5. In the result, the civil revision petition is disposed of as stated above. No order as to costs. G.V.SEETHAPATHY, J Date: 13.09.2011 bss