J.V. Gupta, ACJ
1. This revision petition is directed against the order of the executing Court dated October 3,1987, whereby in execution proceedings the
executing Court allowed the decretal amount to be paid in installment at the rate of Rs. 1500/- per month and the first installment was to be paid on
or before November 15,1987. The decree was for a sum of Rs.69870/- with costs.
2. Learned counsel for the petitioner submitted that there was no occasion for the executing Court to allow the installments, nor any such case was
made out. In any case argued the learned counsel, even the installments as determined by the executing Court were not paid by the judgment
debtor.
3. On the other hand, learned counsel for the judgment-debtor submitted that the installments were not paid in view of the stay order passed by
this Court on March 11, 1989.
4. After hearing the learned counsel for the parties, I find merit in this revision petition. Though there was no occasion for the executing Court to fix
the installments, yet in any case, even the installments as fixed by the executing Court were not paid. There was no stay as regards the payment of
installments; but only the execution proceedings of the suit were stayed. Thus, it is evident that the judgment debtor had failed to make the payment
by installments as well.
5. Consequently, this petition succeeds and in the impugned order is set aside. The executing Court will proceed with the execution application in
accordance with law. The parties have been directed to appear in the executing Court on June 6,1990.