THE HON’BLE SRI JUSTICE A.GOPAL REDDY C.R.P.Nos.5209, 5263 & 5264 of 2008 COMMON ORDER: These three Civil Revision Petitions are filed under Article 227 of the Constitution of India against the orders dated 18.08.2008 and 19.09.2008 passed by the Principal Senior Civil Judge, Vijayawada in E.P.No.42 of 2008 in O.S.No.447 of 2003. The first respondent/decree holder filed the above E.P for due execution of the decree passed in the suit. The Executing Court made a docket endorsement on 18.08.2008 as under: “R.1 returned as “refused to take notice” and R.4 JDR.4 stated that they have paid the amount to the counsel for DHR and refused to take notice. DHR counsel filed a memo stating that he did not receive any amount as stated by JDR. JDR 1 to 4 called absent no representation. Set ex parte. For filing chief affidavit of D.Hr. call on 28.08.2008” On 19.09.2008, the Executing Court made the following docket order: “(PW-1 filed) Heard. Arrest JDR 1 and 4 Call on 16.10.2008.” Questioning the said docket orders dated 18.08.2008 and 19.09.2008, judgement debtor No.4 filed C.R.P.Nos.5209 and 5264 of 2008. Whereas, questioning the docket order dated 19.09.2008 judgment debtor No.1 filed C.R.P.No.5263 of 2008. Heard the learned counsel for the petitioners and the learned counsel for the respondents. The learned counsel for the petitioners mainly contended the Executing Court is not justified in ordering arrest of the petitioners without enquiring into the means of the judgment debtors. A perusal of the docket order would disclose that when judgment debtor No.1 was produced before the Court, he stated that he will pay Rs.10,000/- towards part satisfaction. As the same was not agreeable to the decree holder, he was sent to civil prison. Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the Civil Revision Petitions with the following directions: Judgment debtor Nos.1 and 4 shall not be arrested subject to condition of depositing a sum of Rs.58,000/- each in two instalments i.e., Rs.30,000/- each on or before 30.05.2011 and the balance amount of Rs.28,000/- each on or before 30.06.2011. On such deposit, the first respondent/decree holder is at liberty to withdraw the same, without furnishing any security. In default of deposit of any amount, the Civil Revision Petitions stand dismissed and the Executing Court can conduct an enquiry into the means of judgment debtor Nos.1 and 4 and decide their liability in accordance with the same. However, there shall be no order as to costs. _____________________ A. GOPAL REDDY, J Date: 21.04.2011 va