IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1746 of 2011 Between: Gangadari Srinivasa Rao ..... PETITIONER AND Smt.Jagadala Venkata Lakshmamma .....RESPONDENT The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1746 of 2011 O R D E R: Though the notice was served on the respondent, none appeared for the respondent. Petitioner is the Judgment Debtor who suffered a money decree dated 09.07.2009 passed in O.S.135/2008 on the file of the Senior Civil Judge, Guruzala. As the decretal amount was not paid, the Decree Holder filed E.P.43/2010 under Or.21 Rule-38 CPC for execution of the decree for Rs.1,21,145/-. In the said E.P. the Decree Holder filed an affidavit stating that the Judgment Debtor has failed to discharge the decretal amount and he is working as light vehicle driver under the control of the Executive Engineer, DRM Maintenance Division, Hill colony, NS Dam, Nalgonda and drawing a salary of Rs.8,000/- per month and very recently his salary was further increased. It is further stated that the Judgment Debtor has got substantial amount of Rs.3 lakh and got Ac.5.00 of landed property, apart from RCC roofed Daba house, worth Rs.15 lakh. The said averments have not been rebutted and no counter was filed the Judgment Debtor. In the E.P. a notice was issued. It is stated that no notice was served. Ultimately the notice was served, and on 08.03.2011 the Judgment Debtor called absent and the Court below held that the service of notice held to be sufficient and accordingly, he was set ex parte and issued a notice of warrant. Thereafter, the Judgment Debtor was brought before the Court below on 21.03.2011 for execution of the decree, on which the day the Judgment Debtor paid Rs.50,000/- giving an undertaking to pay the balance amount of Rs.75,000/- on or before 28.04.2011. But the said amount has not been paid before 28.04.2011 and filed this Civil Revision Petition and obtained interim stay, subject to condition of his depositing half of the amount in two weeks. The said amount has also not been paid. Therefore, I am of the opinion that there cannot be any justification on the part of the petitioner/Judgment Debtor in approaching this Court, contrary to his own undertaking made before the Court below on 28.04.2011. The petitioner/Judgment Debtor having sufficient means, avoiding the payment of the remaining decretal amount, and therefore, I do not see any grounds to entertain this revision petition. However, having regard to the facts and circumstances of the case, the petitioner/Judgment Debtor is permitted to pay the entire balance of the decretal amount by the end of July 2011. If the entire balance decretal amount is not paid within the stipulated period, it is always open for the respondent/Decree Holder to execute the impugned order. The Civil Revision Petition is accordingly disposed of. No order as to costs. ________________ V.ESWARAIAH,J Dated: 01.07.2011 Dsr