THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.1234 OF 2004 ORDER: The petitioner, who is the judgment-debtor, files this revision under Section 115 of the Code of Civil Procedure, 1908, inter alia, seeking to assail the order dated 09.02.2004 in E.P.No.67 of 2003 in O.S.No.97 of 2003 on the file of the Principal Junior Civil Judge, Rayachoty, in ordering arrest of the judgment-debtor on his failure to pay the E.P. amount on or before 09.03.2004. After holding regular enquiry, where both the sides have let in their evidence, the Court below gave a categorical finding that in spite of possessing sufficient means, the petitioner is not discharging his liability and therefore, he has to be arrested. Hence, the revision. Having considered the submissions made and on perusal of the material available on record, it is seen that such a finding of fact, which is based on the material evidence on record, cannot be said to be within the parameters of the error of jurisdiction to warrant any interference by this Court, as such finding is binding on this Court. As submitted by the learned counsel for the petitioner, no doubt the petitioner is a coolie and does not possess any immovable property, however, the fact remains that in spite of whatever income he is getting, he is not discharging his liability since long time. In the circumstances, I do not warrant any interference with the finding of the Court below. However, the petitioner is permitted to deposit the decretal amount at the rate of Rs.1,000/- per month in the Court below commencing from 10th August, 2010, to be payable on or before 10th of the every succeeding month. On such deposit, the respondent is permitted to withdraw the same, without furnishing any security. In case of default by the petitioner in payment of E.P. amount, the order of arrest stands revived. Subject to the above, the Civil Revision Petition is dismissed. No costs. _________________ (B.PRAKASH RAO, J) 8th July 2010 RRB