IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.3829 of 2008 Between: N.Appalaswamy ..... PETITIONER AND Nambala Bharathi .....RESPONDENT The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.3829 of 2008 ORDER: Petitioner is the Judgment Debtor who suffered a decree dated 23.10.2006 in O.S.1574 of 2004 on the file of the I Additional Senior Civil Judge, Visakhapatnam. The respondent/decree holder filed E.P.195/2006 for recovery of an amount of Rs.1,61,565/- and to order notice under Or.21 Rule-37 CPC calling upon the J.Dr. as to why he should not be committed to civil prison and then issue arrest warrant under Or.21 Rule-38 CPC and commit him to civil prison. No counter is filed by the petitioner/J.Dr. before the Court below. As the Judgment Debtor is working as Class-IV employee in Customs Department, the petitioner/D.Hr filed an application seeking a direction to the Garnishee of the J.Dr. to relieve the J.Dr. from duty pursuant to the arrest warrant issued against J.Dr. It is stated that pursuant to the arrest warrant, on payment of batta, the J.Dr. was produced before the Court below on 23.07.2008 and he was ordered to be kept in court guard custody till 28.07.2008 on payment of necessary batta. On 24.07.2008 the petitioner/J.Dr. paid a sum of Rs.8,000/- requesting the Court below to release him on self-bond and he undertakes that he will pay the balance amount, and accordingly he was ordered to be released on executing a self-bond for Rs.10,000/- for his appearance and further payment of balance amount by 11.08.2008. On 11.08.2008 when the matter came up, the petitioner/J.Dr. called absent and there was no representation on his behalf and therefore, the Court below again issued arrest warrant against the petitioner/J.Dr. The said order is questioned in this civil revision petition. Tthe petitioner/J.Dr. was given sufficient opportunity to repay the EP amount. The J.Dr has not availed the said opportunity. Once the J.Dr. was arrested and was released on payment of Rs.8,000/- and on executing self-bond for Rs.10,000/- and on his undertaking that he will pay the balance amount in the next adjournment. But when the matter came up for hearing, the J.Dr. did not appear before the Court below and did not adhere to his undertaking. The Court below has rightly again issued arrest warrant against the petitioner/J.Dr., therefore, it cannot be said the impugned order suffers from any legal infirmity. I do not see any merit in this revision petition. The Civil Revision Petition is accordingly dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 18.11.2010 Dsr