1. The petitioner is judgment debtor, who suffered a decree in M.O.P. No. 1334 of 2000 on the file of the Principal District Judge, Visakhapatnam on 24.5.2004 for payment of Rs.97,992/- and as the decreetal amount was not paid, the decree holders/respondents 1 and 2 filed EP No. 13 of 2008 for realization of the decreetal amount along with interest amounting to Rs.1,35,671/- under Order XXI Rule 37 CPC to issue warrant of arrest against the second judgment debtor, after issuing show cause notice, so as to realize the E.P. amount.

2. A counter filed on behalf of the second judgment debtor shows that he is aged seventy years and he is dependant on his children only and he is not aware about passing of the decree, as no notice was served and, therefore, the said decree cannot be executed.

3. During the course of enquiry, the petitioner herein stated that he got a tractor – trailer and he has got two rooms portion at Laxmipuram and he has gone to Dubai for labour work. In view of the said admission, the court below came to the conclusion that the petitioner has got a house, tractor and trailer and has gone to Dubai, obviously for earning purpose and, therefore, it cannot be s