THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.1099 of 2011 DT.04.11.2011 Between: Prathi Narasimha Rao s/o Venkateswarlu … Petitioner And Makineni Srinivasa Rao s/o Venkateswara Rao. … Respondent Counsel for the Petitioner: Sri K.Venkatesh Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.1099 of 2011 ORDER: The petitioner is the Judgment-Debtor, who suffered a decree dated 10-11-2004 in O.S.No.21 of 2001, on the file of the Junior Civil Judge, Vinukonda, Guntur District for a sum of Rs.68,715/-. As the decretal amount was not paid by the, the respondent decree-holder filed E.P.No.121 of 2009 in O.S.No.21 of 2001 under Order 21 Rules 54, 66 and 64 of the Code of Civil Procedure for attachment of the E.P. Schedule property for realising the decretal amount. The executing Court by the impugned order dated 15-3-2011 held that the petitioner has means to pay the E.P amount and allowed the E.P ordering attachment of ground floor of the E.P Schedule property alone on the ground that though the petitioner has disposing rights on the entire E.P schedule property, the entire property cannot be attached to realise the E.P amount inasmuch as the portion which is sufficient to satisfy the E.P amount alone can be attached as mandatory under Order 21 Rule 64 of the Code of Civil Procedure. This Court while issuing notice before admission on 25-03-2011 granted interim stay subject to the condition of the petitioner depositing 50% of the decretal amount together with interest and costs within a period of four weeks from that date. It is stated that 50% of the decretal amount of Rs.55,000/- was deposited to the credit of Junior Civil Judge, Vinukonda vide Challan No.4118, dated 20-04-2011, a copy of which was filed as a proof thereof. I have perused the impugned order. I do not see any infirmity legal or otherwise to interfere with the said impugned order. Accordingly, the revision is dismissed. However, the petitioner is granted three equal monthly instalments to pay the balance amount, of which, the 1st instalment shall be paid by the end of November 2011, the 2nd Instalment by the end of December 2011 and 3rd instalment by the end of January 2012. In default of payment of any of the instalments, it is open for the respondent- decree-holder to proceed with the execution of the impugned order. No costs. _______________ (V.ESWARAIAH,J) DATE: 04.11.2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1099 of 2011 DT.04.11.2011 GRK