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Judgment
Ramesh Madhav Bapat, J.—The petitioner herein was judgment-debtor and the respondent herein was decree holder in E.P. No. 58 of 1999 in O.S. No. 257 of 1996, which was pending on the file of the Principal Junior Civil Judge, Narasaraopet. The plaintiff-respondent herein secured a decree in the aforesaid suit. The decretal amount was not paid. Therefore, the decree holder -respondent herein filed E.P. No. 58 of 1999 in the aforesaid Court with a prayer to issue arrest warrant against the petitioner herein for non-payment of the decretal amount. The said E.P. was allowed. Hence the revision by the judgment-debtor-petitioner herein.
Heard the learned counsel for the petitioner herein at the admission stage.
There has been a ruling of this Court on number of occasions that the prayer for arrest of the judgment-debtor has to be resorted to as a last measure and not at the first instance. Before the order of putting the judgment-debtor in civil prison is passed, the Court has to give a specific finding that the judgment-debtor is purposefully avoiding to make payment having sufficient means. Unless such finding is recorded, the arrest warrant cannot be issued.
Under these circumstances, this Court set aside the order impugned. However, the judgment-debtor is permitted to deposit the decretal amount with costs and interest, if any, in five monthly equal instalments commencing from August, 2002. Every instalment is to be paid on or before 15th day of every succeeding month. If there is a single default, D.H. can execute the decree.
With this direction, the Civil Revision Petition is disposed of at the admission stage.