Kurra Vijaya Lakshmi, v. Margadarsi Chit Fund Limited

HON'BLE SRI JUSTICE SURESH KUMAR KAIT C.R.P No.4686 of 2016 ORDER:

The petitioner filed the instant petition being aggrieved by the non-disposal of E.A.No.230 of 2016 in E.P.No.408 of 2007 in O.S.No.1148 of 2006 on the file of I Additional Senior civil Judge, Guntur.

Learned counsel appearing on behalf of the petitioner is not challenging the decree passed in O.S.No.1148 of 2006, dated 21.12.2009. However, the learned counsel submits that the petitioner is a lady and she is unable to pay the E.P. amount in one go. However, he has prayed and submits that the petitioner is ready to pay an amount of Rs.50,000/- per month till the realization of decretal amount.

On 22.11.2016, this Court was orally directed the learned counsel for the respondent to take instructions from his client whether this proposal is accepted or not.

Learned counsel for the respondent submits that let the petitioner pay Rs.1,00,000/- per month, and within one year the amount will be realized.

After hearing the learned counsel for the petitioner and the respondent and keeping in view the fact that the petitioner is a lady, I herby direct the petitioner to pay an amount of Rs.50,000/- (Rupees fifty thousand only) per month till realization of the amount due.

I hereby make it clear that if the petitioner commits default in payment in any of the month, she is liable to pay an amount of Rs.10,000/- as costs. Consequently, if she commits default in payment in second month, she is liable to pay an amount of Rs.15,000/- as costs, and if she default in payment third month also, then order passed by this Court stands cancelled and the court below shall take action in EP No.408 of 2007 as per law.

With the above direction, this Civil Revision Petition is disposed of.

There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand dismissed.

___________________________________ JUSTICE SURESH KUMAR KAIT.

Date : 30-11-2016 Gvl