THE HON'BLE SRI JUSTICE B.PRAKASH RAO 7th August 2009 CIVIL REVISION PETITION NO.4685 of 2008 Between: Suryadevara Krishna Dev, S/o.Madhusudhana Rao, 42 years, Employee, Chinaravuru, Tenali, Guntur District. …PETITIONER AND Koganti Srinivasa Rao, S/o.late Veera Prasada Rao, 43 years, R/o.Pandurangapet, Tenali, Guntur District. …RESPONDENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.4685 OF 2008 ORDER: The petitioner-judgment debtor/defendant filed this revision under Section 115 of the Code of Civil Procedure, 1908 {CPC}, inter alia, seeking to assail the order dated 25.09.2008 in E.P.No.175 of 2008 in O.S.No.477 of 2007 on the file of the Principal Junior Civil Judge, Tenali, Guntur District, in issuing arrest warrant in an Execution Petition filed under Order XXI Rules 37 and 38 CPC seeking to arrest and detain the judgment debtor in Civil prison for realization of decretal amount. In the Execution Petition laid in pursuance of a decree obtained for recovery of money, after holding the regular enquiry and having found that in spite of having sufficient means, the petitioner is not discharging the liability, the Court below issued warrant of arrest. Having regard to the finding on fact arrived at by the Court below, there exists no warrant to interfere with the same in exercise of extraordinary jurisdiction of this Court. However, having regard to the fact that the petitioner has already deposited half of the E.P. amount as per the order dated 24.10.2008 and the same has been withdrawn by the respondent-decree holder, the petitioner is permitted to pay the balance amount in monthly instalments at Rs.800/- {Rupees eight hundred only} per month commencing from September 2009, payable on or before 10th of succeeding month. On such deposit, the respondent is permitted to withdraw the same without furnishing any security. Subject to the above, the Civil Revision Petition is dismissed. No costs. _________________ (B.PRAKASH RAO, J) 7th August 2009 RRB