THE HON'BLE SRI JUSTICE B.PRAKASH RAO Civil Revision Petition No.9 of 2005 Order: Heard both sides. The petitioners herein, who are the judgment debtors, filed this civil revision petition under Section 115 CPC inter alia seeking to assail the correctness of the order of arrest in the process of execution petition laid by the respondent-decree holder in pursuance of the decree which he obtained. The Court below, after holding a regular enquiry, wherein evidence was recorded on behalf of the respondent and no evidence was recorded on behalf of the petitioners, ordered for arrest of the petitioners, as there is no discharge of liability under the decree. Sri Ravi Shankar Jandyala, learned Senior Counsel, representing the learned counsel for the petitioners, submitted that having regard to the fact that the respondent-decree holder himself has availed two remedies in the execution petition – (1) proceeding against the property and (2) arrest of the petitioners; the Court below ought to have proceeded against the property, though the respondent-decree holder sought for arrest, which is only misconceived. It is well established that every decree holder has got ample discretion to choose any one of the remedies available under the law and there cannot be any restriction as against his selection of remedy. Having regard to the finding of fact arrived at by the Court below, this Court would not enter into such questions of fact or findings arrived at thereon. The civil revision petition is devoid of merits and the same is accordingly dismissed. However, since as per the interim orders, dated 05.01.2005, the petitioner has already deposited half of the decretal amount, he is directed to deposit the balance amount within a period of three months from today. On such deposit, the respondent-decree holder is entitled to withdraw the same without furnishing any security. In default of payment of the balance amount by the petitioner, the order of arrest shall stand revived. No costs. __________________ B.PRAKASH RAO, J Date:19.08.2010 VGB