JATTI KRISHNAREDDY Vs. BHADRI RAMAGOPALAIAH

JUDGEMENT

(1.) The question that arises for consideration in this civil revision petition is whether the execution Court has power to direct payment of decretal amount by instalments.

(2.) The petitioner herein who is the judgment debtor filed a petition under S.47 C.P.C. for a direction to pay the decretal amount in five equal annual instalments. On an objection raised by the office as to maintainability of the petition, the matter was heard by the learned Subordinate Judge and an order was passed on Feb.8, 1983 holding that the petition is not maintainable. The learned counsel for the petitioner has referred to the provisions of O.20, R.11, C.P.C. and S.47, r/w S.151, C.P.C. and submitted that an executing Court has got the power to direct payment of decretal amount in instalments and that such an order does not amount to alteration or modification of the decree. O.20, R.11, C.P.C. reads as follows. O.20, R.11.: Decree may direct payment by instalments:

(3.) Sub-rule (2) of R.11 was amended in so far as it is applicable in the State of Andhra Pradesh and for the words, with the consent of the words after notice to are substituted.