ORDER :

1. Heard Sri P.Rama Sharana Sharma, learned counsel appearing on behalf of the petitioner and Sri P.Ravi Kiran, learned counsel appearing on behalf of respondent.

2. The petitioner filed the Civil Revision Petition seeking the prayer as under:

“….pleased to set aside the impugned order in EP No.63 of 2023 in O.S.No.21 of 2019, dated 05.03.2025, on the file of Hon’ble Principal Senior Civil Judge at Kothagudem, Bhadradri Kothagudem District in the interest of justice and pass such other and further orders…”

3. This Civil Revision Petition by Judgment Debtor/Defendant is filed against the order, dated 05.03.2025 in E.P.No.63 of 2023 in O.S.No.21 of 2019 on the file of the Principal Senior Civil Judge at Kothagudem, Bhadradri Kothagudem District, whereby and whereunder the execution petition filed by the Decree Holders/Plaintiff under Order-XXI Rules-37 & 38 of Civil Procedure Code of 1908 is allowed and the judgment Debtor/ Defendant is ordered to be arrested and detained in Civil Prison for a period of two (02) months or till the payment of the Decreetal debt is made, whichever is earlier.

4. The Decree holder/plaintiff filed the execution petition seeking arrest of the judgment debtor under Order-XXI Rules-37 & 38 of Code of Civil Procedure, 1908 alleging that the judgment debtor had not paid the E.P. amount of Rupees Ten Lakhs Forty One Thousand Three hundred and Seventy Six (Rs.10,41,376/-) though, he has movable and immovable properties and doing business at Paloncha Town, Bhadradri Kothagudem District and that he is intentionally avoiding to pay the Decreetal debt.

5. The judgment debtor filed counter denying that he has movable and immovable properties. He stated that the properties shown in the encumbrance certificate, dated 24.08.2023 filed by the Decree Holder are the properties belonging to his married daughter. He further stated that since, 2013 he had been suffering from Neuron problems, fits and other ailments.

6. The Decree Holder in support of his case examined himself as PW1 and one independent witness as PW2 and got marked two documents. The judgment debtor examined himself as RW1 and got marked RWs1 to RWs15 documents.

7. The executing Court after appreciating the oral and documentary evidence on record gave finding that the judgment debtor had sufficient means to pay the decreetal debt, but wilfully and wantonly is avoiding to discharge the debt and accordingly, ordered his arrest and detention in civil prison.

8. Seeking aggrieved by the order, the judgment debtor filed the present Revision Petition, PW1 deposed that the judgment debtor is doing Carpenter business and thereby, he earns Rs.2,00,000/- per month and that by doing real- estate business, the Judgment debtor earns Rs.5,00,000/- per month.

9. Exhibit P2 is the Lions Club International Book showing the membership of the Judgment debtor. Contra to the above evidence of PW1, RW1 says that he is unemployed and has no earnings and that he underwent Surgery for his fractures sustained by him in four accidents and that he suffered brain stroke. He also says that he is not doing any kind of business and that he does not own any movable or immovable properties and therefore, has no means to discharge the debt. I n cross examination, he says that he has been residing in the house bearing door No.30-1-232/1, Vengal Rao Nagar Colony, Paloncha and admits that the photo shown to him pertains to that house, when asked, he admits that he is member of International Lions Club, Paloncha and that he is GST coordinator of that International Lions Club. He also admits that he worked as President, Regional Chairman, Zonal Chairman and District Chairman of Lions Cub and that he used to present the MGF Award by taking Rupees Two or three lakhs. He categorically admits that nearly Rs. 1 crore has to be spent for the post of Governor in Lions Club.

10. At a later stage of cross examination, he admits that he is leader of TRS Party. He voluntarily says that he is a Member of En