ASHISH Vs. DEEPAK SINGH

JUDGEMENT

(1.) By way of present petition, the petitioner has approached this Court challenging the order passed by the Executing Court dtd. 12/9/2025 whereby the Executing Court refused to grant facility of installment of Rs.5000.00 per month to the petitioner-judgment debtor.

(2.) The petitioner-judgment debtor is facing a decree of recovery of money dtd. 26/9/2016 wherein the trial Court had granted a decree of recovery of an amount of Rs.1.00 lakh along with interest to the tune of Rs.33,000.00 upto 31. 12.2015 and @12% per annum from 2/1/2016 till actual realization of the principal amount. In this manner, the execution application has been filed for recovery of an amount of Rs.2,32,610.00 along with interest.

(3.) The counsel for the petitioner submits that the petitioner cannot muster up these much funds in a single go and therefore the Executing court should have granted some facility to the present petitioner for which the Executing Court was approached under Sec. 151 CPC. The petitioner expresses willingness to deposit the principal amount of Rs.1.00 lakh within 15 days from today and prays for some reasonable breathing time to deposit the rest of the amount.