THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 4326 OF 2010 ORDER: 1. This Civil Revision Petition is preferred against the order dated 02.06.2010 in I.A. No.914 of 2009 in O.S. No.1115 of 2005 on the file of the VI Senior Civil Judge, City Civil Court, Hyderabad, whereunder and whereby the application filed for grant of instalments was dismissed by granting time of one year to the petitioners/defendants to discharge the decreetal amount. 2. According to the learned counsel for the petitioners, the first petitioner, who is the highest bidder and had taken money, is an unemployee and that she has no means to repay the huge decreetal amount. 3. On the other hand, the learned counsel for the respondent contended that the petitioners have not complied fully the interim order passed by this Court, and that the petitioners has sufficient means to pay the decreetal amount, and hence, he prays to dismiss the revision. 4. The respondent/plaintiff filed Original Suit No.1115 of 2005 before the court below for recovery of amount, and on 29.09.2009, the suit was decreed by the trial court for an amount of Rs.7,55,100/-. The fact that the petitioner no.1 became highest bidder in a chit fund transaction, is not in dispute. So also, the liability of petitioners to pay the decreetal amount is also not in dispute. But, the only aspect is whether the petitioners have sufficient means to pay the decreetal amount in lump sum as ordered by the trial court. As seen from the affidavit filed in support of the petition, it is stated that the petitioner no.1 has no other means of income. It is also not the case of the respondent that the petitioners have means and they are in a position to discharge the entire decreetal amount in lump sum. According to the petitioner no.1, she is an unemployee and has no other source of income of her own so as to discharge entire amount due to the respondent. The capacity of the judgment debtor has to be taken into consideration for the purpose of granting instalments. Considering these aspects, the petitioners can be permitted to pay the decreetal amount in instalments. 5. Accordingly, the petitioners are granted instalments @ Rs.25,000/- per month payable on or before 10th of every succeeding month commencing from the month of May, 2011, till the entire decreetal amount is discharged. If, for any reason, the petitioners are unable to pay the instalments for two consecutive months, the order of the trial court shall be given effect and the respondent/decree holder is given liberty to execute the decree without further reference to the court. 6. The Civil Revision Petition is disposed of accordingly. No costs. --------------------- (K.C.Bhanu, J.) 06.04.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 4326 OF 2010 06.04.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 4326 OF 2010 06.04.2011 Between: Chelamalasetty Bhagya Laxmi & others …Petitioners And M/s. Vijaya Bhargavi Chit Funds (P) Ltd …Respondent