THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.4138 of 2010 ORDER: The respondent filed O.S.No.357 of 2006 in the Court of I Additional Junior Civil Judge, Ongole against the petitioners for recovery of amount on the strength of a promissory note. The suit was decreed on 13.03.2009. After the decree became final, the respondent filed E.P.No.198 of 2010 under Rule 37 of Order 21 C.P.C. It was pleaded that though the petitioners have adequate means to comply with the decree, they have not paid the amount. After issuing notice to the petitioners and hearing both of them, the executing Court allowed the E.P. through order, dated 25.06.2010. Hence, this revision. Heard the learned counsel for the petitioners and the learned counsel for the respondent. The petitioners do not deny the fact that they suffered a decree and that they failed to pay the decretal amount. The respondent filed E.P. under Rule 37 of Order 21 C.P.C. When it was alleged that the petitioners possessed adequate means and did not honour the decree, the only plea that was open to the petitioners was that they are not possessed of any means. They thoroughly failed either in taking an effective plea in that regard or to prove it. The inevitable conclusion was that the executing Court had to allow the E.P. and no exception can be taken to it. On behalf of the petitioners, it is stated that 50% of the decretal amount has already been paid and a request is made for granting the facility of paying the balance amount in instalments. This request was opposed by the respondent. Having regard to the facts and circumstances of the case, the civil revision petition is disposed of, modifying the order under revision to the effect that the 50% of the decretal amount, if was already deposited by the petitioners, shall be permitted to be withdrawn by the respondent, without furnishing any security and that the balance of the decretal amount shall be paid by the petitioners in monthly instalments, payable on or before 10th of every month commencing from September 2011. As and when the amount is deposited, the respondent shall be entitled to withdraw the same without furnishing any security. In case, the petitioners commit default in payment of the amount, it shall be open to the executing Court to enforce the order under revision. There shall be no order as to costs. __________ 04.08.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.4138 of 2010 Date: 04.08.2011 JSU