IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO CIVIL REVISION PETITION No.511 OF 2008 Between: Challa Jagadeeshwer Reddy. - - - Revision Petitioner/ Judgment Debtor. AND Boojala Raja Reddy. - - - Respondent/ Decree Holder. The Court made the following: THE HON'BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.511 OF 2008 ORDER: This Civil Revision Petition is filed against the order of arrest in E.P. No.83 of 2004 in O.S. No.161 of 2001 on the file of the Junior Civil Judge, Kollapur. 2. The suit was filed for recovery of the money and in execution of the decree, the present Execution Petition was filed for arrest of the judgment debtor. The lower Court after considering the evidence on record and the contention of the judgment debtor found that he has been earning a sum of Rs.1,200/- p.m. by working in a transport company as a Security Guard and also took into consideration the plea of the decree holder that the judgment debtor has got some landed property and a lorry. The learned counsel for the judgment debtor presumed that there is no proof of the assets of the judgment debtor and consequently the order of arrest is not valid. 3. The point for consideration is whether order of the Lower Court in ordering arrest of the judgment debtor is legal and sustainable? 4. It is represented by both sides that half of the decretal amount has already been paid by the judgment debtor. The fact that the judgment debtor is working in a private company and has been earning amount is not in dispute. The ownership of the lorry may not be established, but however, the solvency and capacity of the judgment debtor to pay the money cannot be doubted. In view of the fact that the judgment debtor has already paid part of the amount, no inference can be drawn that he has got an intention to avoid and delay payment of the decree which is required for arrest under order 21, rule 37 and 38 of C.P.C. Therefore, in view of the above circumstances, the judgment debtor is directed to pay the balance of the amount in six equal monthly installments commencing from January, 2011. With the above direction, the Civil Revision Petition is disposed of. No order as to costs. ________________________ N.R.L. NAGESWARA RAO, J. Dt.14-12-2010. DSH