THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.3861 OF 2011 Date:19.09.2011 Between: Narise Appa Rao .. Petitioner And Nemala Nagayamma and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.3861 OF 2011 ORDER: In execution of the decree in O.S.No.243 of 2004 for an amount of Rs.57,366/-, the respondents herein filed E.P.No.50 of 2010 on the file of the Principal Junior Civil Judge, Tuni, under Order XXI Rule 37 and Section 55 of the Code of Civil Procedure, 1908 (CPC). They sought execution of decree by arrest of the petitioner/judgment debtor. The petitioner took the plea that he has no means to pay the decree; the decree holders have no right to file the Execution Petition and collect the decree amount without filing succession certificate and that he is not in a position to pay the decree amount. During the enquiry, the first respondent herein deposed as PW.1 and the petitioner as RW.1. The Court below found that though PW.1 supported the averments in the Execution Petition, the petitioner did not discharge the burden of proving that he has no means or capacity to pay the decree amount. Therefore, by an order dated 27.04.2011, the executing Court directed to issue arrest warrant against the petitioner. Though the order was passed on 27.04.2011, this Civil Revision Petition was filed only on 21.07.2011. This only shows that the petitioner somehow or other is avoiding the execution of arrest warrant against him and approached this Court. Even for this reason also this Court does not find any reason to interfere with the well considered order of the Court below. The Civil Revision Petition is, accordingly, dismissed. There shall be no order as to costs. ________________ (V.V.S. RAO, J) 19.09.2011 KH