M KESAVALU Vs. A RAVICHANDRAN

JUDGEMENT

(1.) HEARD the learned counsel appearing for the revision petitioner in both revisions. According to the learned counsel appearing for the revision petitioner, the Judgment Debtor in E.P.No,82/2005 in O.S.No,30 of 2001 and E.P.No.107 of 2005 in O.S.No,34 of 2001 respectively on the file of the Court of District Munsif, Ambur, Vellore District, a retired teacher was discharging the decree amount in the above mentioned Execution petitions by paying Rs.500/-per mensum regularly upto 22.10.2007 in both the execution petitions. But on 22.10.2007, the learned Execution Court had directed the Judgment Debtor to pay not less than Rs.1000/- for the next hearing. Thereafter, the Judgment Debtor had committed default since he could not realise the said amount of Rs.1000/- in each execution petition which resulted in the order of arrest against him on 7.1.2008 which is being challenged under these revision petitions.

(2.) A perusal of the adjudication paper available in the typed set of papers in both the execution petitions will go to show that from 14.12.2006 onwards, the Judgment Debtor was paying a sum of Rs.500/- regularly on all hearings. Under such circumstances, without giving any consideration for the availability of sufficient means of the Judgment Debtor to pay the balance of the amount at the rate of Rs.1000/- , the learned executing Court has directed the Judgment Debtor to pay not less than Rs.1000/- in each execution petition on 22.10.2007 which in my view requires interference from this Court.