Under challenge is the order dated 02.12.2009, whereby, the court below found that the petitioner has sufficient means to pay the amount and he was willfully refraining from paying the decree amount and therefore warrant was ordered.
2. The petitioner suffered a decree in O.S.No.
102/2001 and execution proceedings were taken out for realization of decree amount of ₹ 2,23,191/-. To the execution petition, the petitioner filed objections that he had no means to pay the decree debt and he is a handicapped person. The decree holder is seen to have examined as PW1 and the judgment debtor examined himself as RW1.
3. On evaluation of the materials before it, the court below came to the conclusion that the judgment debtors had sufficient means to pay the decree debt. But they have been refraining from paying the amount. Therefore, the impugned order was passed.
4. The learned counsel appearing for the petitioner was unable to show that there was any error in the order passed by the lower court. It is on evaluation of sufficient materials that the court below had come to hold that the judgment debtor has sufficient means to pay the decree debt.
5. Faced with the above situation, the learned counsel appearing for the petitioner pointed out that he may be given an opportunity to pay the amount in instalments.
6. After having given anxious consideration to various aspects, it is felt that the petitioner can be given an opportunity to pay the amount in instalments.
The petitioner is given liberty to pay the entire decree debt in 15 equal monthly instalments; the first of which shall be paid on or before 06.11.2014, to be followed by subsequent instalments shall be paid on or before 6th of every succeeding month. If two or more instalments are defaulted, the decree holder will be entitled to realize the decree amount as a whole.
Warrant shall be kept in abeyance till then.
ds //True Copy// P.A. To Judge Sd/-
P.BHAVADASAN JUDGE