IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SIXTH DAY OF AUGUST, TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.4436 of 2009 Between: Addala Samabasiva Rao … Petitioner And Kalari Venkata Nancharaiah and others … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.4436 of 2009 ORDER: - In an execution petition viz., E.P.No.35 of 2004 filed by the petitioner/decree holder for due execution of the decree passed in O.S.No.314 of 1995, burden always lies on the decree holder to establish that in spite of having the means the 1st respondent/1st judgment debtor evaded to satisfy the decretal amount. Except Ex.A1- C.C. of attachment order in I.A.No.3948 of 1995 in O.S.No.314 of 1995, wherein the decree holder sought for a direction to the Sub-Registrar not to permit the judgment debtors to execute any registered sale deed in favour of others, no other document is filed to establish that the judgment debtors are having house property as mentioned in Ex.A1, which is sufficient to discharge the decretal amount. In the absence of the same and since the petitioner/decree holder failed to prove that the 1st judgment debtor is having means to pay the decretal amount and in spite of having sufficient means he is evading to discharge the debt, the petitioner is not entitled for arrest of the judgment debtors for due realization of the amount. The Civil Revision Petition is, accordingly, dismissed. There shall be no order as to costs. _____________________ A. GOPAL REDDY, J 26-08-2011 lmv HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.4436 of 2009 Dt: 26-08-2011 lmv