THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P. No.4270 of 2007 Date of Order: 20-12-2010 Between: 1.Majeti Ramakrishna and another ..Petitioners and 1. Garre Girija Annapurana Suseela and others ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No. 4270/2007 Oral order: This revision is directed against the orders of the II Additional Senior Civil Judge, Vijayawada allowing EP No.99/2006 in OS No.627/2003 dt. 10-9-2007 ordering judgment debtors 2 and 4, the petitioners herein, to commit to Civil Prison. Pursuant to the award passed by the Lok Adalath, EP No.84/2005 came to be filed to bring the properties of judgment debtor No.2 for sale, in which wife of Judgment Debtor No.2 filed claim petition being EA No.233/2006. Having no other go, the decree holder filed the preset EP No.99/2006 praying the court to commit the judgment debtors 2 and 4 to Civil Prison. In the execution petition, the decree holder claimed an amount of Rs. 4, 50,000/- with interest at Rs.1,39,500/- from 25-6-2005 to 16-10-2006. It is stated by the judgment Debtors 2 and 4 that they approached the decree holder on 25-8-2005 and sought time for discharge of the decretal amount. The decree holder insisted for payment of atleast Rs.2,00,000/- and to issue three blank cheques for the balance amount of R.2,15,000/- and assured the judgment debtors that cheques will be presented after March, 2006. The judgment Debtors agreed the said conditions and paid an amount of Rs.2,00,000/- to the decree holder and issued three blank cheques drawn on Karur Vysya Bank Limited, Vijayawada and another cheque drawn on SBI, Main Branch, Vijayawada before elders. Suppressing the said facts, the decree holder filed the present execution petition. Learned counsel for the petitioner contends that when EP No.84/2005 has already been filed for sale of the properties and it is pending, the present execution petition filed sending the judgment debtors 2 and 4 to civil prison cannot be maintainable. On behalf of the decree holder, decree holder himself was examined as P.W.1 and on behalf of the judgment debtors 2 and 4, judgment debtor No.2 himself was examined as R.W.1 and apart from him R.W.2 was examined. No exhibits have been marked on behalf of either parties. During the course of cross-examination of P.W.1, no suggestion is put to him that the judgment debtors paid Rs.2,00,000 and issued three blank cheques. Further, R.W.1 did not reveal the names of the mediators either in the counter or in his chief examination affidavit, in whose presence the judgment debtors agreed to pay Rs.2,00,000/- and to issue three blank cheques. In that view of the matter, the executing court has rightly not taken the evidence for consideration. Further, the judgment debtors have not pleaded that they have no means to pay the decretal amount. The executing court rightly disallowed the amount claimed by the decree holder towards interest holding that Lok Adalath has not awarded interest on the Principal amount. The present petition is filed only to drag on the matter. No ground is made out to interfere with the order passed by the executing court warranting interference by this court. The Civil Revision Petition is accordingly dismissed. However, the petitioners are granted till 31st January, 2011 for payment of the balance amount due to the decree holder. In default, the executing court is at liberty to execute the warrant in accordance with law. No costs. _________________ A.GOPAL REDDY, J. 20-12-2010 kmr