HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.1010 OF 2010 Dt.2.7.2010 Between: M.Srinivasulu Reddy ..Petitioner And P.Muniraja Naidu ..Respondent HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.1010 OF 2010 ORDER: The civil revision petition is directed against the order, dated 13.2.2009, in E.P.No.85 of 2007 in O.S.No.173 of 2005 on the file of the Junior Civil Judge, Pakala. Petitioner herein is the decree holder and respondent herein is the judgment debtor. It is stated that the petitioner obtained decree on 25.8.2006 in O.S.No.173 of 2005 on the file of the Junior Civil Judge, Pakala, for recovery of sum of Rs.20,603/- and as the said decretal amount has not been paid, the petitioner filed E.P.No.85 of 2007 for ordering notice under Order 21, Rule 37 C.P.C., seeking upon the judgment debtor to pay the amount and in case if he fails to pay the amount to order for his arrest and send him to civil prison. According to the petitioner, it is stated that the respondent/ judgment debtor is having Ac.2.00 of wet land and another Ac.2.00 of dry land at Manipireddipalle village and he gets Rs.25,000/- income per annum in agriculture and he is having two milchy cows and getting Rs.4,000/- per month and the judgment debtor also doing seasonal business like groundnut, jaggery, mangoes etc., and getting Rs.10,000/- per month and thus the judgment debtor is having sufficient means to pay the amount and he is evading payment of the said amount. In the cross-examination, the petitioner admitted that he do not know the neighbouring lands to the land of the judgment debtor and he has denied the suggestion that there are drought conditions and crops are not harvested properly and he do not know to whom the judgment debtor vending milk. It is the case of the respondent that he is not having any landed properties in the village and he is living with coolly work and getting Rs.80/- per day and out of the said amount he has to maintain his entire family. He further stated that he is aged about 60 years and unable to do work properly and he does not have any house and staying in Government colony house. Heard the learned counsel for the petitioner. The petitioner has failed to establish that the judgment debtor has got landed properties and income. If any landed property is their, it is for the petitioner to get the same attached. In the absence of any proof of evidence that the judgment debtor is evading payment of the decretal amount, having sufficient means and as poverty is not a sin, I am of the opinion that the trial court has rightly dismissed the said application on the ground that the decree holder has failed to prove the means of the judgment debtor. The civil revision petition is accordingly dismissed. No order as to costs. _______________ V.ESWARAIAH, J. 2.7.2010 kpr