THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.2901 of 2009 Date:11.09.2009 Between: Pullannagari Pulla Reddy. ..Petitioner AND M. Ramalinga Reddy. ..Respondent THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.2901 of 2009 ORDER: This revision is directed against order dated 16.07.2008 passed in E.P.No.77 of 2007 in O.S.No.271 of 2005 by the Principal Junior Civil Judge, Madanapalle, whereby and whereunder, the executing Court ordered arrest warrant under Order XXI Rule 38 C.P.C. against the petitioner herein/judgment debtor. The suit filed by the respondent herein against the petitioner herein was decreed on 04.04.2006 and the respondent/decree holder filed the above said E.P. under Order XXI Rules 37 and 38 C.P.C seeking to order arrest of the petitioner/judgment debtor on the ground that in spite of repeated demands, he failed to pay the decretal amount despite having sufficient capacity. The petitioner/judgment debtor filed a counter in the E.P. stating that the calculation was not correct; that no notice was issued to him prior to the filing of the E.P. and that he has no means to pay the decretal amount. The executing Court, after considering the rival contentions and perusing the evidence available on record and noticing that the petitioner/judgment debtor was getting monthly pension of Rs.10,000/- and had landed property at Nimmanapalle Village, held that the petitioner/judgment debtor was having sufficient means to pay the decretal amount, and accordingly, issued Rule 38 warrant against the petitioner/judgment debtor on payment of process fee. This Court, while issuing notice before admission on 26.06.2009, granted interim stay of arrest subject to the condition of the petitioner/judgment debtor depositing half of the E.P. amount within a period of four weeks from that date. The learned counsel appearing for the petitioner/judgment debtor submitted that as the petitioner/judgment debtor already deposited half of the E.P. amount, a reasonable time may be granted to him to pay the balance E.P. amount in installments. The learned counsel for the respondent/decree holder has not objected to such request. In view of the facts and circumstances of the case, especially considering the request of the learned counsel for the petitioner/judgment debtor, this Civil Revision Petition is disposed of permitting the petitioner/judgment debtor to deposit the balance E.P. amount in five equal monthly installments commencing from October, 2009 onwards. The installments shall be paid on or before 15th of every month. If any installment is not paid, it is open for the respondent/decree holder to proceed with the execution of the impugned order. The respondent/decree holder is also permitted to withdraw the amounts as and when deposited, without furnishing any security. No order as to costs. _______________ V. ESWARAIAH, J 11th September, 2009 GHN