IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.06.2008 CORAM: THE HONOURABLE MR.JUSTICE S.TAMILVANAN Civil Revision Petition (NPD) No.1573 of 2003 and C.M.P.No.16821 of 2003 Shabibullah Khan .. Petitioner/Respondent Vs. Kuthoos Baig .. Respondent/Petitioner Civil Revision Petition filed against the Fair Order and Decretal Order, dated 06.06.2003 passed in E.No.115 of 2003 of E.P.No.49 of 2002 in O.S.No.212 of 1998 on the file of the Additional Subordinate Judge I, Cuddalore. For petitioner : Mr.R.Gururaj For respondent : Mr.S.K.Raghunathan O R D E R This Civil Revision Petition has been preferred against the order dated, 06.06.2003, passed in E.No.115 of 2003 of E.P.No.49 of 2002 in O.S.No.212 of 1998 on the file of the Additional Sub- Court, Coimbatore. 2. The revision petitioner is the Judgment debtor. The respondent herein had filed a suit in O.S.No.212 of 1998 on the file of the aforesaid Court and obtained Decree and also filed Execution Petition in I.P.No.115 of 2003. The petitioner herein filed an application under Order 20 Rule 11 (2) of the Code of Civil Procedure, seeking permission to pay dues at the rate of Rs.1,000/- per month, the same was negatived by the Court below. 3. Learned counsel appearing for the revision petitioner contended that the petitioner is a Government Servant, getting only Rs.397/- as carry home salary, but as per the certificate issued by the Senior Civil Surgeon, Naduveerapattu, the pay drawing officer, the gross salary of the revision petitioner was Rs.9,001/-. Further, as per the pay certificate issued on 23.02.2001, he was drawing gross salary of Rs.8,708/- and after deductions, he was getting Rs.3,034/-. https://hcservices.ecourts.gov.in/hcservices/ 4. Learned counsel appearing for the respondent contended that the respondent Decree Holder is the Senior Citizen and therefore, in the interest of justice, the entire amount shall be directed to be paid with interest and costs to the respondent, however, he has no objection in granting three months time to the revision petitioner for paying the entire amount, as per the decree. Learned counsel appearing for the revision petitioner submits that he may be permitted to pay the entire dues with interest and costs within four monthly instalments. 5. On the above facts and circumstances, I find it reasonable to meet the ends of justice, to permit the petitioner, judgment debtor to pay the entire dues in five monthly instalments. Accordingly, the first instalment of Rs.5,000/- shall be paid in the first week of July 2008 and Rs.5,000/- each in the month of August, September and October 2008 and the remaining balance amount shall be paid in the first week of November 2008. If there is any default in the payment, the respondent is at liberty to move this Court for getting appropriate orders. 6. With the above directions, this Civil Revision Petition is disposed of. No costs. Consequently, connected C.M.P.No.16821 of 2003 is closed. tsvn Sd/- Assistant Registrar / True Copy / Sub. Assistant Registrar To Additional Subordinate Judge-I Cuddalore. 1 cc to Mr.R.Gururaj, Advocate, SR.28301 1 cc to Mr.S.K.Raghunathan, Advocate, SR.27572 skd (co) dv/19.6. C.R.P. (NPD) No.1573 of 2003 https://hcservices.ecourts.gov.in/hcservices/