THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION No. 5096 OF 2013 Dated:10-10-2014 Between:
C. Ashok Kumar
... PETITIONER
AND
R. Krishna and two others
.. RESPONDENT
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 5096 OF 2013 ORDER:
The 1st respondent filed O.S No. 701 of 1991 against the petitioner and respondent Nos.2 and 3 in the Court of I Senior Civil Judge, City Civil Court, Hyderabad for the relief of specific performance of agreement of sale or in the alternative for refund of the amount paid as advance. The trial Court passed a decree for refund of the amount. After the decree became final, the 1st respondent filed E.P No. 199 of 2002 for recovery of the amount of Rs.3,00,000/- together with interest. The petitioner contested the E.P. The trial Court passed an order dated 04-10-2013 taking the view that despite possessing adequate means, the petitioner did not pay the amount and accordingly directed his arrest. The said order is challenged in this revision.
Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent.
The petitioner does not dispute his liability to pay the decretal amount. What was Rs.3,00,000/- at the initial stage, has grown up to a substantial amount on account of the delay in complying with the decree.
While issuing notice before admission, this Court granted interim stay on deposit of one-fourth of the decretal amount. The condition is said to have been complied with. This Court is of the view that the petitioner can be extended the facility of payment of the balance of the decretal amount in four monthly instalments.
Hence, the C.R.P is disposed of modifying the order under revision to the effect that the petitioner shall be under obligation to pay the balance of the decretal amount in four monthly instalments commencing from 01-11-2014. If he fails to pay any instalment, the order shall stand revoked and the order passed by the executing Court shall remain in force. As and when the amount is deposited, the 1st respondent – decree holder shall be entitled to withdraw the same without furnishing any security.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J
10-10-2014
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