THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.4000 OF 2011 DT.29.10.2011 Between: M.Rambabu & ors … Petitioners And M/s.Margadarsi Chit Fund Limited & Ors … Respondents Counsel for the Petitioners: Sri B.Chinnapa Reddy Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.4000 OF 2011 ORDER: The petitioners herein are the Judgment-debtors 5,6 and 7 in the suit filed by the 1st respondent Decree-Holder for recovery of the money against the respondents 2 to 5 herein, which was decreed on 19-2-2009 in O.S.No.159 of 2004 by the II Additional Senior Civil Judge, Guntur for a sum of Rs.1,19,721/-. As the decretal amount was not paid, the 1st respondent Decree-Holder filed E.P.No.5 of 2010 seeking recovery of E.P amount of Rs.1,68,309/- by issuing warrant of arrest against the petitioners herein, who are the Judgment-Debtors 5 to 7 under Order 21 Rule 37 and 38 of Civil Procedure Code and to send them to civil prison to realise the decretal amount with costs. The Court below, after considering the evidence of both the parties, held that the 1st petitioner is having Kirana business under the name and style M/s.Sivaji General Stores at Bhargavapet, Mangalagiri and his yearly income is Rs.4,00,000/-, the 2nd petitioner herein is having dress material business and his monthly income is Rs.50,000/- and the 3rd petitioner herein is also having Kirana Business in the name and style of Sree Sai Enterprises at Mangalagiri and his yearly income is Rs.6,00,000/- and they are having sufficient means to discharge the decretal amount. While rejecting the contention of the petitioners herein that they have no means to pay, the Court below held that the petitioners herein are the income tax assesses and have filed the income tax returns for the relevant years under Exs.P.2 to P.19, and after considering the means of the petitioners only, their arrest warrant was issued. While issuing notice before admission on 6-9-2011, this Court granted interim stay subject to condition the petitioners’ deposit 50% of the decretal amount within four weeks from that date. It is stated that the said order dated 6- 9-2011 has been complied with. Having regard to the facts and circumstances, I do not see any infirmity legal or otherwise to interfere with the impugned order. Accordingly, the revision is dismissed. However, the petitioners herein are granted five (5) months time to pay the entire E.P balance amount in five (5) equal monthly instalments commencing from November 2011 payable by 5th of every succeeding month. In default of payment of any of instalments, the interim stay stands vacated. Any amounts paid by the other judgment-debtors i.e., 1 to 4 shall also be given credit to. On such deposit, the respondent-judgment-holder is permitted to withdraw the same without furnishing any security. No costs. _______________ (V.ESWARAIAH,J) DATE: 29.10.2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4000 OF 2011 DT.29.10.2011 GRK