THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.1929 of 2010 ORDER: The respondent filed O.S.No.59 of 2005 in the Court of Senior Civil Judge, Rajampet against the petitioner for recovery of money. After contest, the suit was decreed on 24.07.2006 for a sum of Rs.1,53,574/-. Since the petitioner did not pay that amount, the respondent filed E.P.No.50 of 2007. Initially, it was dismissed on 09.01.2008. The respondent filed C.R.P.No.1569 of 2008 against the order dated 09.01.2008. The revision was allowed on 06.07.2009 and the executing Court was directed to hear and dispose of the E.P., afresh. Thereafter, the executing Court passed an order dated 23.09.2009 directing the arrest of the petitioner. The said order is challenged in this civil revision petition. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The only ground urged in this revision is that the petitioner was not issued notice of hearing, after the matter was remanded. A copy of the docket proceedings is filed. A perusal of the same discloses that after the matter was remanded by this Court, the E.P. was taken up for hearing on 14.07.2009. It is not even mentioned that the petitioner herein was put on notice. After the E.P. was adjourned on two more occasions, the order under revision was passed. The executing Court was under obligation to issue notice to the petitioner after the matter was remanded. Failure to issue such notice would vitiate the order. Learned counsel for the petitioner and the learned counsel for the respondent submitted that instead of directing any further adjudication, the dispute can be given quietus here itself. The petitioner does not dispute his obligation under the decree. Already two rounds of litigation have taken place at the stage of execution. This Court is of the view that the ends of justice would be met, if the petitioner is extended the facility of paying the decretal amount in monthly instalments of Rs.2,500/- commending from May 2010. Hence, the civil revision petition is allowed and the order under revision is set aside. The petitioner shall pay the decretal amount in monthly instalments of Rs.2,500/- (Rupees Two Thousand Five Hundred Only) on or before 10th of every month, commencing from May 2010. In case, the petitioner commits default in payment of instalments for two consecutive months, the order under revision shall stand revived and he shall be liable to be arrested. As and when the amount is deposited, it shall be open to the respondent to withdraw the same without furnishing any security. There shall be no order as to costs. __________ 16.04.2010 Note: Issue C.C. in one week. (B/o) JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.1929 of 2010 Date: 16.04.2010 JSU