IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.NO.5021 OF 2010 Date:29-01-2011 Between:- I.Govindappa ..Revision Petitioner/JDR And M.Narayanappa .. Respondent/DHR ORDER:- The revision is filed against the order dated 13-09-2010 in E.P.No.30 of 2008 in O.S.No.54 of 2002 on the file of the Junior Civil Judge, Madakasira ordering arrest of the judgment debtor, who is the revision petitioner, in execution of the decree. According to the claim of the respondent/decree holder, the suit was filed for recovery of amount and decree was passed for recovery of Rs.12,089/-. As the revision petitioner/judgment debtor did not pay the money, arrest of the revision petitioner/judgment debtor was sought and the revision petitioner/judgment debtor contended that he is living by coolie work and he has no means and that his health is also not good. The lower Court did not consider the objections of the revision petitioner/judgment debtor and ordered arrest. The point for consideration is: “Whether the revision petitioner/judgment debtor has got means to pay the decretal amount and was intentionally avoiding to delay and defeat the realization of the decree?” POINT:- It has been submitted by the learned counsel for the revision petitioner/judgment debtor that as per the directions of this Court, half of the decretal amount has been already deposited by the revision petitioner/judgment debtor and it was in the deposit of the lower Court. The above fact clearly goes to show that the claim of the revision petitioner/judgment debtor that he has no means to pay the decretal amount is not correct and the contention of the respondent/decree holder that the revision petitioner/judgment debtor is evading to pay the decretal amount is also not correct. Therefore, in view of the above circumstances, I feel that the ends of justice would meet if a further time is granted to the revision petitioner/judgment debtor for discharge of the decretal debt and the revision petitioner/judgment debtor is permitted to pay balance of the decretal amount in four (4) instalments within a period of six (6) months. The amount in deposit is permitted to be withdrawn by the respondent/decree holder. The default in payment of any two consequent instalments will entitle the respondent/decree holder to recover the entire amount. The Civil Revision Petition is disposed of accordingly. No costs. ____​________________________ N.R.L.NAGESWARA RAO, J 29th January, 2011 AMD