THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.3618 OF 2007 DATED:09-06- 2010. Between O.Agamaiah … Petitioner-J.Dr. And P.Gopal Reddy …Respondent-D.Hr. THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.3618 OF 2007 ORDER: This revision under Article 227 of the Constitution of India is directed against the docket order, dated 26-07-2007, in E.A.No.5 of 2007 in E.P.No.1 of 2006 in O.S.No.26 of 2001, on the file of the Junior Civil Judge, Banswada, whereunder and whereby arrest warrant was issued against the petitioner. 2. The only objection raised by the leaned counsel appearing for the petitioner-J.Dr is that instead of attaching the properties of the J.Dr., the D.Hr. filed a petition under Order XXI Rule 37 of CPC to arrest the J.Dr. 3. The D.Hr can proceed against the J.Dr. under any one of the modes as provided under Order XXI of CPC with regard to recovery of decretal amount. Therefore, there is no need for him to proceed in the first instance against the properties of the J.Dr. 4. Learned counsel for the petitioner contended that the petitioner is a small farmer, aged about 55 years and he prays to permit the petitioner to pay the decretal amount in monthly instalments. 5. Considering the above aspects, stay of arrest is ordered subject to payment of balance of decretal amount in three equal monthly instalments commencing from 1st July, 2010. If the petitioner-J.Dr. fails to pay monthly instalments as directed, the stay shall stand vacated without any further reference to Court and arrest order shall be issued by the trial Court against the J.Dr. on payment of batta. 6. With the above observation, the Civil Revision Petition is dismissed. No order as to costs. -------------------- K.C.BHANU, J DATED:09-06- 2010 Hsd