THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.2943 of 2010 DT.11.11.2011 Between: Edapalapati Madana Mohana Chandramouli … Petitioner And Arumalla Pitchireddy s/o Anji Reddy … Respondent Counsel for the Petitioner: Sri V.S.K.Rama Rao Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.2943 of 2010 ORDER: Heard the learned counsel for the petitioner. The petitioner herein is the judgment-debtor, who suffered a Judgment and Decree dated 25-10-2004 in O.S.No.557 of 2001, on the file of the Principal Junior Civil Judge, Tenali for a sum of Rs.1,29,384/-. As the decretal amount was not paid, E.P.No.114 of 2010 was filed in the said O.S.No.557 of 2001 under Order 21 Rules 22, 37 and 38 of the Code of Civil Procedure seeking to send the judgment debtor to Civil prison for non- payment of decretal amount though having sufficient means. It appears that the enquiry has been initiated and the decree holder was also examined. The decree-holder stated that the judgment and decree in O.S.No.557 of 2001 has become final and the appeal A.S.No.114 of 2004 filed was dismissed by the learned Additional Senior Civil Judge, Tenali on 21-2-2005, and in spite of several requests to pay the decretal amount, the petitioner judgment-debtor though having sufficient means to pay, did not pay. It is further stated that the petitioner herein had two storied building worth Rs.40,00,000/- and a shop doing commission business earning more than Rs.40,000/- per month and also an income of Rs.2,00,000/- per year on house rents and agriculture. Therefore, a notice under Order 21 Rule 37 seeking for his arrest is required to be issued for sending him to civil prison, and the executing Court passes no orders. Without there being any order, this revision is filed under Article 227 of the Constitution of India. This Court while issuing notice before admission on 16-07-2010, granted interim stay of all further proceedings in the E.P.114 of 2010 in O.S.No.557 of 2001, on the file of Principal Junior Civil Judge, Tenali on condition the petitioner deposits half of the decretal amount within a period of eight weeks from that date, and subsequently the time was extended further by three weeks by order dated 18-3-2011. It is stated that the said conditional order has been complied with. Having regard to the circumstances, I am of the opinion that without there being any order passed by the executing Court under Order 21 Rules 27 and 38 of the Code of Civil Procedure, and unless the enquiry is conducted and sufficient opportunity is given to the petitioner, sending the petitioner to civil prison does not arise. Therefore, filing of the revision itself is misconceived inasmuch as having availed the opportunity before the executing Court the revision is filed without waiting for the orders to be passed by the executing Court. I do not see any merits in the C.R.P. The revision is accordingly dismissed. No costs. _______________ (V.ESWARAIAH,J) DATE: 11.11.2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.2943 of 2010 DT.11.11.2011 GRK