THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5066 OF 2011 Dated:15.12.2011 Between: Thontepu Veerabhadra Rao .. Petitioner And Margadarsi Chit Fund Private Limited, represented by its Manager D.Hari Babu, S/o.Venkateswarlu and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5066 OF 2011 ORDER: The petitioner is judgment debtor No.2 in E.P.No.301 of 2010. The first respondent obtained decree against the second respondent (the principal debtor), the petitioner and respondents 3 to 5, when there was a default on the part of the second respondent in paying installments of the chit run by the decree holder. In their E.P., they sought to execute the decree by arrest of the petitioner. The lower Court allowed the said E.P.No.19.09.2011 and directed to issue arrest warrants under Order XXI Rule 38 of the Code of Civil Procedure, 1908 against judgment debtors 2 and 3. This Civil Revision Petition was called on 01.12.2011. The counsel for the judgment debtors 1 and 2 brought to the notice of this Court that an amount of Rs.3,20,000/- is balance due and that the petitioner paid an amount of Rs.5,00,000/- towards the decretal amount. It was also brought to the notice of this Court that the petitioner himself is a member of a chit in Mandapeta branch of the decree holder. Therefore, an offer was made to adjust the amount of Rs.1,70,363/- lying to the credit of the petitioner towards the balance decretal amount and time was sought for payment of the amount. This Court adjourned the matter. Today, it is brought to the notice of this Court that judgment debtor No.1 paid Rs.60,000/- on 13.12.2011 and after due adjustment of the petitioner’s amount, an amount of Rs.1,06,637/- is due. In view of the peculiar facts of this case, though this Court is not inclined to interfere with the order, it is directed to keep the impugned order in abeyance for a period of ten days to enable the petitioner herein or other judgment debtors to pay the balance amount of Rs.1,06,637/- satisfying the decree. If there is any default on the part of the petitioner or other judgment debtors, it shall be open to the Court below to execute the warrants against the petitioner and judgment debtor Nos.2 and 3. The Civil Revision Petition, with the above observations, shall stand dismissed. There shall be no order as to costs. _______________ (V.V.S. RAO, J) 15.12.2011 KH