Under challenge is Ext.P4 order whereby warrant has been issued against the petitioner.
2. It is not in dispute that the petitioner suffered a money decree, execution of which was taken by the respondent herein. Even though in the execution petition, the petitioner prayed no means, that was found against the petitioner and warrant was issued.
3. It is pointed out by the petitioner that the decree amount is little over Rs.70,000/- of which Rs.15,000/- has already been paid and balance may be allowed to be paid in instalments.
4. Counsel appearing for the respondent points out that the amount is substantial and that if this Court is inclined to let the petitioner to pay the amount in instalments, then in default of payment of one instalment, the respondent may O.P.(C).2288/2013.
2 be allowed to continue with the execution proceedings.
5. After having heard counsel on both sides, and taking note of the fact that a portion of the amount has already been paid, it is felt that an opportunity needs to be given to the petitioner to pay off the decree debt in instalments.
This Original Petition is partly allowed and the petitioner is allowed to pay the balance decree debt in ten equal monthly instalments, the first of which shall be paid on or before the 1.12.2014 and the subsequent instalments or or before the 3rd of the succeeding months till the debt is cleared within ten months. The warrant shall stand recalled and it shall be kept in abeyance. If one instalment is defaulted, warrant may be executed.
sb.
P. BHAVADASAN, JUDGE