THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Civil Revision Petition No.736 of 2010 ORDER: The respondent filed O.S.No.71 of 2008 in the Court of Junior Civil Judge, Railway Kodur, for recovery of certain amount from the petitioner. The suit was decreed, on 30.03.2009, and the decree is said to have become final. Since the petitioner did not pay the amount, the respondent filed E.P.No.23 of 2009, under Rules 37 and 38 of Order XXI C.P.C., and prayed for his arrest. The E.P. was opposed by the petitioner. The Executing Court allowed the E.P., through order, dated 15.02.2010. The same is challenged in this C.R.P. Heard learned counsel for the petitioner. The respondent filed caveat and arguments had advanced on his behalf, at the stage of admission. After the decree became final, the respondent filed the E.P. for arrest of the petitioner. It is alleged that, despite having sufficient means, the petitioner did not pay the decretal amount. Before the Executing Court, the respondent deposed as PW.1 and filed Ex.P.1, the certificate issued by the Tahsildar, Obulavaripalli Mandal. The petitioner deposed as RW.1. The record discloses that the petitioner is a Fair Price Shop Dealer. Apart from that, he is said to be having other sources of income. Therefore, the respondent proved beyond any pale of doubt that the petitioner held sufficient means and still did not pay the amount. No exception can be taken to the order under revision. Learned counsel for the petitioner submits that his client may be extended the facility of paying the decretal amount in instalments. Having regard to the facts and circumstances of the case, the Civil Revision Petition is disposed of, directing that, a) the petitioner shall have the facility of paying the decretal amount in instalments at the rate of Rs.7,000/- per month, to be deposited on or before 5th of every month, commencing from March, 2010; b) the order under revision shall remain in abeyance, as long as the instalments are paid. It shall become operative, in case the petitioner commits default for two consecutive months; and c) the respondents shall be entitled to withdraw the amount as and when deposited, without furnishing any security. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.23.02.2010. Note: Furnish C.C. by tomorrow. (B/o) GJ