P.Satyanarayana v. This revision is directed aggrieved by the order, dated

This revision is directed aggrieved by the order, dated 22-09-2010, in E.P.No.78 of 2009 in O.S.No.61 of 2006, on the file of the Principal Junior Civil Judge, Gudur, whereunder and whereby the Execution Petition filed under Order XXI Rules 37, 38 and 55 CPC to order arrest of the J.Dr and commit him to Civil Prison for realization of the decretal amount, was allowed.

Two requirements are to be satisfied for arrest and detention of the J.Dr to Civil Prison. Firstly, the J.Dr has sufficient means to pay the decretal amount and secondly, he is wantonly and willfully evading to pay the decretal amount. The evidence of P.W.1 (D.Hr) would go to show that the J.Dr is having 20 ankanams of vacant site consisting 9 ankanams of old house, two ankanams of shopping room, 18 ankanams of first floor building and the property value is more than Rs.30,00,000/- and that he is doing cloth business in the name and style of ‘Satya Stores’ and getting income of Rs.1,00,000/- and he is also getting Rs.15,000/-per month towards rents. Therefore, the contention of the D.Hr is that the J.Dr is having means to pay the decretal amount, but he is evading to pay the same wantonly and willfully.

On the other hand, the evidence of R.W.1 (J.Dr.) would go to show that he filed a petition to declare him as an insolvent and that his debts are over and above the value of his property. Except filing Insolvency Petition, the J.Dr. has not given actual income and filing of Insolvency Petition at a belated stage would disclose that the J.Dr is bent upon not to pay the decretal amount. If the evidence of D.Hr is to be accepted as true and correct, it is clear that the J.Dr is having sufficient means to pay the decretal amount, but he is evading to pay the same wantonly and willfully. In pursuance of the directions of this Court, half of the decretal amount has been deposited by the J.Dr. into the Court. For deposit of remaining half of the decretal amount, reasonable time can be granted to the J.Dr. Hence, the impugned order is kept under abeyance for a period of three (3) months from today. In the meanwhile, the J.Dr. shall deposit the remaining half of the decretal amount into Court. If for any reason, the J.Dr. fails to deposit the remaining half of the decretal amount within a period of three months from today, the order of the trial Court shall be given effect to.