THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 4075 OF 2010 DATE: 2.9.2011 BETWEEN: R Nirmala Devi and another petitioners And M/s.Sabhyatha Chit Fund Pvt Ltd and ors Respondents Counsel for the petitioner : Sri M.V.S. Suresh Kumar Counsel for the respondents: The Court made the following order: THE HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P. NO. 4075 OF 2010 ORDER: This revision is filed against the order dated 26.8.2010 passed in E.P. No. 433 of 2009 in O.S No. 74 of 2004 on the file of the I Additional Junior Civil Judge, Tenali in committing the petitioner/judgment debtor to civil prison for a period of one month. Heard the learned counsel for petitioner and though served, none appeared for the respondents. The petitioner herein is judgment debtor no.1. The first respondent herein is decree holder, who obtained a decree on 29.11.2004 in O.S. No. 74 of 2004 on the file of the I Additional Junior Civil Judge, Tenali for recovery of money and as the said decretal amount was not paid, the decree holder filed E.P. No. 433 of 2009 under Order 21 Rule 37 and 38 of CPC to commit the petitioner to civil prison. On 26.8.2010, the petitioner appeared before the Court below and expressed his inability to pay the amount and filed a memo requesting to grant one month time. However, the Court below by order dated 26.8.2010 committed him to civil prison for a period of one month. Pursuant to the said order, the petitioner was arrested on 26.8.2010 and lodged in civil prison, Central Jail, Rajahmundry and in terms of the interim orders passed by this Court on 3.9.2010 in CRP MP No. 5419 of 2010 he was released. Having regard to the facts and circumstances of the case, this Court is of the opinion that the Court below ought to have granted one month time to the petitioner for payment of due amount. Therefore, the petitioner is granted one month time to clear the E.P. amount, failing which, the revision stands dismissed and it would be open for the decree holder to execute the decree in accordance with law. Accordingly, the revision petition is disposed of. No costs. ______________ V ESWARAIAH,J DATE: 2.9.2011 THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 4075 OF 2010 DATE:2.9.2011