Rajeshwari vs Saroja

V. Ramasubramanian, J.—The civil revision petition arises out of an order passed by the Sub Court, Thoothukudi rejecting a request made by the petitioner/judgment debtor for payment of the decree amount by instalments.

Heard Mr. S. Subbiah, learned Counsel for the petitioner and Mr. G. Prabhurajadurai, learned Counsel for the respondent.

The petitioner has claimed in the affidavit in support of E.A. No. 254 of 2008 filed before the executing Court under Order 20, Rule 11(2) C.P.C. that she is not employed and that she derives a meagre income by letting out a house property which is also mortgaged with the Bank.

However, the said contention is denied by the respondent/decree holder. The trial Court went on the premise that the application is not maintainable. But the decision of the Court below that the application deserved no merits, cannot be said to be proper.

Taking into account the overall facts and circumstances, the revision is ordered setting aside the impugned order of the executing Court and permitting the petitioner to pay the decree amount together with future interest, in monthly instalments of Rs. 5,000/- payable on or before the 7th day of every succeeding English Calendar month, the first of such payments being made on or before 07.10.2010. If any default is committed by the petitioner in the payment of the instalments, this concession of payment of instalments shall stand forfeited. No costs. Consequently, connected M.P.(MD) No. 2 of 2010 is closed.