This Civil Revision Petition arises out of order dated 30-8-2010 in E.P.No.4/2005 in O.S.No.32/2002 on the file of learned Junior Civil Judge, Amadalavalasa.

The petitioner is the plaintiff in the suit filed by him for realization of certain amount against the respondent herein. A practicing Advocate of Amadalavalasa Bar. The said suit was decreed which attained finality. The petitioner filed E.P.No.4/2005 for recovery of Rs.84,112/- as the respondent failed to pay the decretal amount. In the said E.P., the petitioner sought for arrest and detention of the respondent in civil prison as he has willfully avoided payment of the E.P. amount despite having means to pay.

During inquiry, the petitioner examined himself as PW-1 and has also examined the Tahsildar, Sarubujjili Mandal, as PW-2 and marked Exs.P-1 to P-7. The respondent examined himself as RW-1. The petitioner, in his evidence as PW-1 has deposed that the respondent has sufficient means to pay as he owns and possesses an extent of Ac.6-33½ cents of land. PW-2 supported the said testimony of PW-1. Even the respondent has not disputed the fact that he owns the above mentioned extent. However, the court below has taken