THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.775 OF 2007 DATED: 17-06-2010 Between: Mulleti Siva Kumar. ..... PETITIONER And Madupalli Venkata Mohana Srinivas. .....RESPONDENT ORDER: This Civil Revision Petition is directed against the order, dated 05-02-2007, in E.P.No.403 of 2006 in O.S.No.200 of 2003 on the file of the learned I Additional Junior Civil Judge, Tenali, wherein the said E.P. filed by the respondent-decree-holder was ordered, directing issuance of warrant of arrest against the petitioner- judgment-debtor rejecting the contention of the judgment- debtor that he has no means to pay the decretal debt. 2. None appeared for the petitioner though the matter is posted under the caption ‘for orders’. None appeared for the respondent-judgment-debtor though served with notices. Perused the record. 3. Respondent herein filed the suit in O.S.No.200 of 2003 against the petitioner-judgment-debtor for recovery of amount due and the suit was decreed on 27-03-2006 for a sum of Rs.17,020/- with costs. The respondent- decree-holder filed E.P.No.403 of 2006 under Order 21 Rule 37 CPC for realization of the decretal amount, together with interest and costs by seeking arrest of the petitioner-judgment-debtor on the ground that in spite of having sufficient means the judgment-debtor was refusing to pay. According to the respondent-decree- holder, the judgment-debtor was owning a two storeyed building worth Rs.20,00,000/- at Tenali and he was earning Rs.4000/- per month by way of rents besides residing in a portion of the building and he is also doing business in Gold and Silver and earning Rs.30,000/- per month. It is also pleaded by the respondent-decree-holder that the judgment-debtor was having Ac.3.00 of land from which he was getting agricultural income of Rs.50,000/- per annum and the judgment-debtor was also having cash balance of Rs.10,00,000/-. Petitioner-judgment- debtor filed a counter denying the same and contending that he was unemployed having no income or property and therefore no means to pay the decretal amount. 4. During enquiry before the Executing Court, the decree-holder was examined as P.W.1 and the judgment- debtor was examined as R.W.1 and two more witnesses were examined as R.Ws.2 and 3 and no documents were marked on either side. 5. On a consideration of the evidence available on record, the Executing Court rejected the contention of the judgment-debtor that he has no means to pay and ordered issuance of warrant of arrest against him. Aggrieved by the same, the present petition is filed by the judgment-debtor. 6. Though the decree-holder has pleaded that the judgment-debtor was having Ac.3.00 of land in Ongole and was getting agricultural income of Rs.50,000/- per annum, he has not filed any documents in proof of the same. Similarly, no evidence is also placed by the decree- holder to show that the judgment-debtor was having cash balance of Rs.10,00,000/- as alleged. However, the judgment-debtor admitted that he was doing business by making Silver and Gold dollars and he also owns a house. He further contended that he stopped the business subsequently and by the date of passing of the decree, he had no business or income. R.Ws.2 and 3 also deposed that the judgment-debtor was doing business in Gold and Silver and subsequently he stopped the same. The judgment-debtor did not however produce any document to show when he stopped the said business. If really the judgment-debtor has stopped the business in Gold and Silver, the same will be borne out by documentary evidence. He has not filed the account books or any reports or any certificate from the concerned Taxation or other departments to show that he stopped the business on or from a particular date. In the absence of any such evidence and in view of the admission of the judgment- debtor that he was doing business in Gold and Silver, the Executing Court has rightly held that the oral testimony of the judgment-debtor is not sufficient to hold that he stopped the business. In other words, having admitted that he was doing business in Gold and Silver the judgment-debtor failed to show that he stopped the same as claimed by him. Admittedly, judgment-debtor was having house property. It cannot therefore be stated that he had no means at all so as to pay the amount due under the decree, which is only a sum of Rs.17,020/-. The suit was filed in the year, 2003 and the decree was passed in the year, 2006 and the judgment-debtor certainly had time to pay the amount due under the decree, which is not a huge amount. His conduct in not making any efforts to pay the same, only shows that he was deliberately avoiding to pay the decretal amount. The impugned order, rejecting the contention of the judgment- debtor and ordering issuance of warrant of arrest against the judgment-debtor for realization of the decretal amount, does not call for any interference of this Court in exercise of the revisional jurisdiction. 5. In the result, Civil Revision Petition is dismissed. Interim stay granted on 21-02-2007 shall stand vacated. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 17th June, 2010. Tsy