THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5530 OF 2009 ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is directed against the docket order, dated 03.11.2009, in E.P.No.43 of 2007 in O.S.No.174 of 2006, on the file of the Additional Senior Civil Judge (Fast Track Court), Nizamabad at Armoor, whereunder and whereby, the petitioner/judgment debtor was committed to civil prison in execution of the decree for a period of three months, subject to remittance of subsistence allowance as per rules. 2. Heard. 3. The decree obtained by the respondent/decree holder against the petitioner/judgment debtor in O.S.No.174 of 2006 has become final. In pursuance thereof, in the year 2008 itself, the petitioner herein filed a petition to permit him to pay the decreetal amount by way of installments at the rate of Rs.10,000/- per month. But, still he has not paid the amount. The judgment debtor has or has had since the date of the decree the means to pay the amount of the decree or some substantial part thereof and refuses or has refused or neglected to pay the same, ultimately, the purpose of arrest and detention of the judgment debtor in civil prison is not to punish him for any crime, but to enable the decree holder to realize the fruits of a decree passed in his favour. As the petitioner/judgment debtor failed to pay the installments, there must be some element of bad faith or malafide. If the judgment debtor has means to pay the decreetal amount and still he refuses or neglects to honour his obligations, he can be sent for civil prison. Therefore, the executing Court ordered to send the petitioner to the civil prison, as he committed default in payment of the decreetal amount in pursuance of the order of the trial Court. Hence, the impugned order needs no interference by this Court. 4. Accordingly, the Civil Revision Petition is dismissed giving liberty to the petitioner to pay the decreetal amount together with costs and interest within a period of three months from today, failing which the order of the executing Court shall be given effect to. There shall be no order as to costs. _______________ K.C. BHANU, J February 14, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5530 OF 2009 Between: Mamidi Venkati .....PETITIONER AND Kondi Pavan Kumar ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5530 OF 2009 February 14, 2011