THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 1718 of 2009 Date of order: 23.11.2010 Between: Chinna Yella Rao …Petitioner and M/s. Raghavendra Finance ..Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 1718 of 2009 ORDER: Heard both sides. The petitioner-judgment debtor approached the executing court with an application in EA No. 266 of 2008 in EP No. 104 of 2007 seeking recall of the arrest warrant issued against him and to give an opportunity to participate in the inquiry in the EP. While ordering notice to the respondent, the court below passed an order directing the petitioner-judgment debtor to deposit half of the decretal amount. Aggrieved thereby, this revision petition is preferred and while issuing notice before admission on 1.5.2009 this Court granted interim stay. The petitioner-judgment debtor states that he suffered serious health problems and entrusted the matter to a junior counsel who did not represent the matter, whereupon the executing court ordered arrest warrant. He also states that he has no movable or immovable properties and he is a person living below the poverty line holding a white ration card and seeks opportunity to participate in the enquiry in the EP. In view of the fact that the conditional order of the executing court was stayed by this Court, I deem it appropriate to dispose of the revision petition directing the lower court to consider and pass appropriate orders on the petitioner’s application - EA No. 266 of 2008 and/or consider and dispose of EP No. 104 of 2007 after giving opportunity to the petitioner-judgment debtor to participate in the inquiry. Pending orders of the executing court, the petitioner shall not be arrested. The revision petition is accordingly disposed of. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 23.11.2010 KR