THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.5414 of 2010 ORDER: Respondent No.1 filed O.S.No.473 of 2009 in the Court of the Principal Junior Civil Judge, Dhone against the petitioner and his son, respondent No.2 herein, for recovery of amount on the basis of a promissory note. After contest, the trial Court decreed the suit on 28.10.2009. The decree became final. Since the petitioner and respondent No.2 did not pay the decretal amount, respondent No.1 filed E.P.No.20 of 2010 with a prayer to bring an item of immovable property, that is, a residential house to sale for realisation of the decretal amount. The application was resisted by the petitioner and respondent No.2 mainly on the ground that the property was orally gifted to the daughter of the petitioner. The executing Court passed an order, dated 23.08.2010, allowing the E.P. The same is challenged in this revision. Heard Sri S.M.Subhani, learned counsel for the petitioner and Sri K.Sitaram, learned counsel for respondent No.1. The petitioner does not dispute his obligation under the decree. An item of immovable property was sought to be proceeded against. The only plea raised by the petitioner is that the property was orally gifted by him to his daughter. If that be so, the objector ought to have been his daughter, and not the petitioner. In case the petitioner wants to save the property from being proceeded, he could pay the decretal amount, or could have prayed for instalments. While issuing notice before admission, this Court granted stay on condition that the petitioner deposits one-third of the decretal amount within four weeks. The condition is said to have been complied with. The learned counsel for the petitioner requests this Court to grant the facility of payment of balance of decretal amount in instalments. Hence, the civil revision petition is disposed of, directing that the petitioner shall have the facility to pay the balance of the decretal amount in monthly instalments of Rs.8000/- payable on or before 10th of every month commencing from 01.04.2011. Respondent No.1 shall be entitled to withdraw the amount that is already deposited and the instalments that may be deposited in future. If the petitioner commits default in payment of instalments consecutively for two months, it shall be open to the executing Court to proceed against the property. There shall be no order as to costs. ______________________ L. NARASIMHA REDDY, J Dt.14.03.2011. Note: Issue cc in one week. (B/o) kdl