Telangana High Court
Smt.Ratnamala vs R.Janarthan Reddy on 11 July, 2025
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO
CIVIL REVISION PETITION No.1376 of 2025
ORDER:
This civil revision petition is filed by the petitioner/judgment- debtor/defendant invoking the provisions under Section 115 of the C.P.C. seeking to set aside the order dated 20.03.2025 passed in E.P.No.7 of 2017 in O.S.No.71 of 2012 on the file of the Senior Civil Judge-cum-Assistant Sessions Judge, Zaheerabad, whereunder the E.P. filed by the respondent/decree-holder/plaintiff under Order XXI Rules 54, 30, 64 and 82 of the C.P.C. is allowed.
2. Heard Mr. P. Shanker Rao, learned counsel for the petitioner and Mr. Tirukovela Amarnath, learned counsel for the respondent.
3. Learned counsel for the petitioner submitted that the respondent filed suit in O.S.No.71 of 2012 on the file of the Senior Civil Judge-cum-Assistant Sessions Judge, Zaheerabad, for recovery of amount basing on the promissory note dated 11.02.2011 and the said suit was decreed on 10.12.2015. Thereafter, the respondent/decree-holder filed E.P.No.7 of 2017 and the same was allowed on 20.03.2025. He further submitted that pursuant to the interim order granted by this Court, dated 26.06.2025, the petitioner/judgment-debtor deposited 50% of the decretal amount in E.P.No.7 of 2017. The petitioner, being a house wife, due to her 2 financial condition, she could not pay the decretal amount. The petitioner is ready and willing to pay the balance decretal amount and requested the Court to grant eight (8) months to pay the said amount in equal instalmments.
4. Per contra, learned counsel for the respondent submits that the petitioner is protracting the litigation one way or the other. The decree was passed by the trial Court on 10.12.2015. If the petitioner pays the remaining decretal amount within four (4) months, he is not having any objection.
5. Taking into consideration the submissions made by the respective parties, without expressing any view on the merits of the case, the petitioner is directed to pay the balance decretal amount along with accrued interest and costs, pursuant to the decree passed by the trial Court dated 10.12.2015 in six (6) equal monthly installments payable on or before 5th of every month commencing from August 2025, in default of any of the installments, the respondent/decree-holder is entitled to file an appropriate application before the Execution Court, pursuant to the order passed in E.P.No.7 of 2017 dated 20.03.2025.
6. With the above directions, the civil revision petition is disposed of. No order as to costs.
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Miscellaneous applications, pending if any, shall stand closed.
______________________ J. SREENIVAS RAO, J Date: 11.07.2025 Note:
Issue C.C. in three (3) days.
(b/o) mar