THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5583 of 2011 Dated:29.12.2011 Between: Thummala Krishna Rao. …Petitioner and Ruttala Kondababu. …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5583 of 2011 ORDER: The petitioner is the judgment debtor in E.P.No.17 of 2010. The respondent herein after obtaining a money decree in O.S.No.29 of 2007 filed the said E.P on the file of the Court of the Junior Civil Judge, Yellamanchili. In the E.P he sought arrest of the judgment debtor on the ground that though he had means to pay the decretal amount, he is avoiding to pay the same. The petitioner opposed the E.P holding that he had no means to pay the decretal amount. The execution Court conducted enquiry. The decree holder examined two witnesses, P.Ws.1 and 2, and the petitioner examined himself as R.W.1 and marked Ex.R1, which is a copy of the sale notice issued by the Bank of India, Anakapalli, in Eenadu daily edition, showing that the property (shop and house) owned by the judgment debtor were auctioned by the Bank of India for recovery of the money advanced by them to the judgment debtor. On considering the evidence on record, especially the cross examination of R.W.1 (judgment debtor), the lower Court recorded a finding that he had means to pay the decretal amount, but avoided to pay the same. Accordingly, the E.P was allowed directing issue of arrest warrant. After considering the submissions made by the Counsel and perusing the order passed by the learned Junior Civil Judge, this Court does not find any error apparent on the face of the record warranting interference. The finding of fact is recorded based on the evidence and the finding cannot be termed as perverse. The Civil Revision Petition is devoid of any merit, and the same is accordingly dismissed. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 29.12.2011 vs