THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY C.R.P.No.3768 of 2010 Date : 27-8-2010 Between : Allam Narayana s/o. Rangaiah Aged 58 years, occ: cultivation, r/o.S.Nagulavaram village, Gospadu Mandal, Allagadda Taluk, Kurnool District. .. Petitioner And Marudi Srinivasa Reddy s/o.Ranga Reddy, Aged 37 years, occ: Teacher, r/o. Palakaveedu village, Racherla Mandal, Prakasam District. .. Respondent Counsel for petitioner : Sri Narasimha Rao Gudiseva Counsel for respondent : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY C.R.P.No.3768 of 2010 ORDER: This Revision Petition arises out of the order dated 26-7-2010 in E.P.No.119/2009 in O.S.No.289/2006 on the file of the learned Junior Civil Judge, Allagadda. The petitioner is the Judgment-debtor in the above mentioned suit decreed in favour of the respondent for recovery of money. In order to execute the said decree, the respondent filed E.P.No.119/2009 under Order 21 Rules 37 and 38 C.P.C. for arrest and detention of the petitioner in civil prison. In support of his averment that the petitioner has sufficient means to pay, the respondent has filed Exs.P-1 to P-3 showing that the petitioner owns Acs.4.00 of land at S.Nagulavaram village. The petitioner, who has examined himself as RW-1, has not denied that he owned Acs.4.00 of land. However, he pleaded that in a family partition, the said property fell to the share of his brother. The petitioner has failed to produce any evidence in support of this plea. The petitioner further submitted that he has undergone a heart surgery and therefore he is unable to discharge the decretal amount. The Court below held, and in my opinion rightly, that the respondent was able to prove that the petitioner had sufficient means to pay. The Court below has also rightly held that the mere fact that the petitioner has undergone heart surgery would not absolve him of his liability to pay the decretal amount. Having considered the submissions of Sri Narasimha Rao Gudiseva, the learned Counsel for the petitioner and carefully perused the record, I am of the opinion that the order of the lower Court does not suffer from any illegality, irregularity or impropriety or any jurisdictional error warranting interference of this Court. The learned Counsel for the petitioner, however, submitted that his client may be given a final chance to pay the decretal amount within a reasonable time. Having considered this request, I feel that it is appropriate in the interests of justice to permit the petitioner to discharge the E.P. amount within a period of four weeks from today. The petitioner shall not be arrested during these four weeks. If the petitioner fails to deposit the E.P. amount within the said period, the order dated 26-7- 2010 in E.P.No.119/2009 in O.S.No.289/2006 on the file of the learned Junior Civil Judge, Allagadda, shall come into effect immediately on the expiry of four weeks’ time. The Civil Revision Petition is accordingly disposed of. No costs. ________________________ Justice C.V.Nagarjuna Reddy Date : 27-8-2010 AM