THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.1478 of 2011 ORDER: The respondent filed O.S.No.41 of 2009 against the petitioner in the Court of the Junior Civil Judge, Pattikonda, Kurnool. The suit was decreed on 31.03.2010. Thereafter, the respondent filed E.P.No.80 of 2010 under Rules 37 and 38 of Order 21 C.P.C. with a prayer to cause arrest and detention of the petitioner. It was pleaded that in spite of holding proper means, the petitioner did not comply with the decree. After receipt of the notice, the petitioner entered appearance and contested the matter. Through its order, dated 31.03.2011, the trial Court allowed the E.P. Hence, this revision. Heard the learned counsel for the petitioner. Though the respondent is served with notice, he has not chosen to enter appearance. The petitioner did not challenge the decree passed against him. Naturally, he has to comply with it. The record discloses that the petitioner is an employee and drawing a substantial amount as salary. In case he had any difficulty in paying the decretal amount at once, he ought to have taken steps to get the benefit of payment of the amount in instalments. The executing Court was left with no alternative except to order detention. No exception can be taken to it. While issuing notice before admission on 19.04.2011, this Court granted conditional stay. The petitioner was required to deposit a sum of Rs.15,000/- within four weeks and to pay a sum of Rs.5,000/- every month on or before 10th of every month commencing from June, 2011. It is stated that the petitioner has complied with the conditions. The same arrangement can be continued till the decree is satisfied. Hence, the civil revision petition is partly allowed modifying the order , dated 19.04.2011, to the effect that the petitioner shall pay the balance of the decretal amount in monthly instalments at the rate of Rs.5000/- payable on or before 10th of every month. If he commits default in payment of two consecutive instalments, the order under revision shall revive. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:16.06.2011 kdl