THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.3252 OF 2009 DT.03.02.2011 Between: Munugasetty Ramanaiah ……….Petitioner Vs. Palicherla Ramachandra Reddy ………….Respondent. O R D E R: This revision petition is filed by the petitioner/judgment debtor under Section 115 of C.P.C., assailing the correctness of the order, dated 24.06.2009 passed in E.P.No.35 of 2006 in O.S.No.453 of 2003 on the file of II Additional Senior Civil Judge, Nellore. The respondent herein filed the said E.P. under Order 21 Rule 37 of C.P.C., praying the court below to arrest the judgment debtor and to send him to civil prison for realization of the E.P. amount. The court below after considering the material placed on record and basing on the evidence adduced by both sides, arrived at the conclusion that though the judgment debtor got sufficient means to pay the amount, he is trying to evade payment to the decree holder and thereby held as follows: “In the result, execution petition is allowed and it is hereby ordered that the judgment debtor shall undergo civil imprisonment for a period of one month subject to payment of committal batta by decree holder.” This court while admitting the revision, in C.R.P.M.P.No.4498 of 2009, dated 17.07.2009 granted interim stay as prayed for, subject to the condition of the petitioner depositing half of the decretal amount within a period of four weeks from that date. In default, the stay granted shall stand vacated automatically without further reference to the court and execution court may proceed with the matter as per law. It is represented by the learned counsel that the petitioner has complied with the interim order passed by this court. Taking into consideration the fact that the petitioner has paid the amount as directed by this court, the revision petition is disposed of directing the petitioner to pay the balance amount within a period of three months from today. On such deposit, the respondent is permitted to withdraw the amount without furnishing any security. It is made clear that if the petitioner commits default, the revision petition stands dismissed. No costs. _______________ B.PRAKSH RAO J., Dt.03.02.2011 tjs