THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.2181 of 2010 ORDER: The respondent filed O.S.No.213 of 2004 in the Court of Principal Senior Civil Judge, Ongole against the petitioner for recovery of amount. The decree became final. The respondent filed E.P.No.96 of 2009 under Rules 37 and 38 of Order 21 C.P.C. with a prayer to cause arrest of the petitioner, alleging that though he is possessed of adequate means, he did not comply with the decree. After hearing both the parties, the trial Court allowed the E.P., through order, dated 19.04.2010. Hence, this civil revision petition. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The petitioner does not dispute his liability under the decree. However, an effort is made by him to project that his monthly salary is under attachment and that he cannot afford to pay any further amount. That contention could have been accepted, if only he prayed for instalments before the concerned Court. The trial Court examined the oral and documentary evidence and found that the petitioner avoided payment in spite of being in a position to honour the decree. This Court is not inclined to interfere with the order. A request is made on behalf of the petitioner to grant the facility of paying the balance of decretal amount in instalments. The request is opposed by the learned counsel for the respondent. The petitioner has already deposited 50% of the decretal amount in compliance with the interim order passed by this Court. He can be granted the facility of paying the balance amount in six monthly instalments. Therefore, the civil revision petition is partly allowed modifying the order under revision to the effect that- (a) the respondent shall be entitled to withdraw 50% of the decretal amount already deposited by the petitioner, without furnishing any security; (b) the balance of the decretal amount shall be paid in six monthly instalments payable on or before 10th of every month commencing from September 2011 and as and when the amount is deposited, it shall be open to the respondent to withdraw the same, without furnishing any security; and (c) in case, the petitioner commits default in payment of two consecutive instalments, the order under revision shall stand revived and it shall be open to the executing Court to enforce the same. There shall be no order as to costs. __________ 16.08.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.2181 of 2010 Date: 16.08.2011 JSU