N.K. Agarwal, J.

1. The instant petition filed under Article 227 of the Constitution of India calls in question the legality and propriety of the order dated 01.02.2010 (Annexure P/l) passed by District Judge Durg, in Execution Case No. 5-A/ 1999, whereby and whereunder the executing court directed for issuance of warrant of arrest against the judgment debtor/Petitioner and fixed the matter for his presence for the purpose of sending him to the civil prison.

2. Brief facts of the case are: an application under Order 21 Rules 37, 38 and 39 of the Code of Civil Procedure, 1908 (for short 'the Code') was filed by the Respondent No. 1 for recovery of decreetal amount by sending judgment debtor to civil prison. Petitioner did not deposit Rs. 50,000/- i.e. part of decreetal amount despite time granted by the court on his own request. Petitioner did not appear before the court in obedience of court's order dated 23.03.06 and 25.01.07. On 08.10.2009, Petitioner's counsel intimated that Petitioner is now residing in the State of Haryana, not taking interest in the matter and also not in tough with him. In these circumstances, matter was heard by the executing court and the order impug