THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.1779 OF 2007 DATED: 24-06-2010 Between: M.Radha Krishna. ..... PETITIONER And Sunny Chits Private Limited, Rep.by its Director Ashok Kumar, Himayath Nagar, Hyderabad. .....RESPONDENT ORDER: This Civil Revision Petition is directed against the order, dated 30-03-2007, in E.P.No.253 of 2006 in O.S.No.4554 of 2004 on the file of the learned III Junior Civil Judge, City Civil Courts, Hyderabad, wherein the said petition filed by the respondent herein for realization of the amount due under the decree by seeking arrest of the petitioner-judgment-debtor under Order XXI Rule 37 CPC was ordered. 2. None appeared and no representation is made on behalf of the petitioner-judgment-debtor or the respondent-decree-holder. Perused the record. 3. As seen from the material on record, the decree- holder obtained a decree for realization of the amount due in a sum of Rs.1,14,673/-. According to the decree-holder, in spite of having sufficient means the judgment-debtor was evading to pay the decretal amount. Judgment- debtor filed counter seeking permission to discharge the decree debt by way of instalments @ Rs.2000/- per month. It is well settled that the executing Court does not have the power to grant instalments. Admittedly, the judgment-debtor has not prayed for any such permission at the time of passing the decree and the decree also does not enable the judgment-debtor to discharge the decree debt by way of instalments. The executing Court cannot therefore go beyond the decree and permit the judgment-debtor to discharge the decree debt by way of instalments. The executing Court has rightly rejected the said plea of the judgment-debtor. As there was no contest regarding the means of the judgment-debtor, the executing Court has rightly observed that there is nothing on record to show that the judgment-debtor is unable to pay the decretal amount. The issuance of warrant of arrest against the judgment-debtor under Order XXI Rule 37 CPC, does not therefore call for any interference of this Court in exercise of revisional jurisdiction. 4. Accordingly, Civil Revision Petition is dismissed. Interim stay granted on 13-04-2007 shall stand vacated. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 24th June, 2010. Tsy