HONOURABLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.2237 OF 2010 ORDER: The respondent filed O.S. No.106 of 2006 in the Court of the Principal Junior Civil Judge, Nandyal against the petitioner for recovery of certain amount on the strength of a promissory note. The suit was decreed on 14-03-2007 and the decree became final. The respondent filed E.P. No.213 of 2007 seeking arrest of the petitioner, alleging that despite of holding valuable property and having income of about Rs.10,00,000/- per annum, the petitioner did not comply with the decree. 2. The petitioner opposed the E.P. and pleaded that all his joint family properties are under mortgage to Karur Vysya Bank. The Executing Court passed an order dated 03-03-2010 in the E.P. and directed confinement of the petitioner in civil prison. Hence, this revision. 3. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 4. The Executing Court followed the prescribed procedure and oral and documentary evidence was recorded. The respondent specifically pleaded that the petitioner is the Kartha of the joint family and extensive movable and immovable properties are owned by the joint family. It was elicited from the petitioner that his son is running a wholesale provisions shop and that extensive immovable properties are owned by them. Before this Court also, the petitioner does not dispute that the family is possessing of extensive properties. The mere fact that they are mortgaged to Bank cannot absolve him from the obligation to pay the decreetal amount. 5. Hence, this Civil Revision Petition is dismissed. The petitioner has already deposited half of the decreetal amount in compliance of the condition imposed by this Court at the time of passing interim order. He shall have the facility of paying the balance of decreetal amount in three monthly installments, payable on or before 5th of every month, commencing from December 2010. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J November 09, 2010. KTL