HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 5144 OF 2011 Saturday, the Third day of December, Two Thousand and Eleven Between Gorantla Adinarayana Petitioner AND Shri Ram Chits Pvt. Ltd, Guntur and others Respondents ORDER: Heard both the counsel. This Civil Revision Petition is ﬁled against the order dated 1.11.2011 passed in E.P. No. 319 of 2011 in O.S. No. 1416 of 2003 on the ﬁle of the learned Principal Junior Civil Judge, Guntur, in allowing the application ﬁled by the ﬁrst respondent/decree holder under Order XXI Rule 37 and 38 CPC for arrest of the judgment debtor No.5/petitioner herein. The ﬁrst respondent ﬁled the said suit and obtained a decree dated 14.7.2004 against respondents 2 to 5 and the petitioner herein for payment of decreetal amount of Rs.88,680/-. It is stated that thereafter certain amounts have been paid but still an amount of Rs.57,641/- is payable. It is further stated that though the principal debtor and as well as the surety holders/guarantors are equally solvent, the decree holder has chosen to execute the judgment and decree against the petitioner alone. Inasmuch as the decree is joint and several, there cannot be any legal objection to proceed against any one or all of the judgment debtors. Therefore, having regard to the facts and circumstances of the case, I am of the opinion that the petitioner can be granted reasonable time so as to enable him to clear off the entire decreetal amount. Accordingly, the Civil Revision Petition is disposed of directing the petitioner to pay the balance decreetal amount in six equal monthly instalments. The ﬁrst of such instalment shall be paid on or before 20th December, 2011. Failure of the petitioner to pay any one of the instalments results in vacation of this order and entitles the decree holder to execute the decree in terms of impugned order. No order as to cost. ___________________ Justice V.Eswaraiah December 3, 2011 MAS