1. The present revision has been filed by the Judgment-debtor questioning the order passed in E.P. No.35/2005 in O.S. No.317/1999 by the learned Subordinate Judge, Gudiyattam, Vellore District dated 4. 2006.

2. The respondent/decree holder has filed a Suit against the petitioner/judgment-debtor in O.S. No.317/99 and obtained money decree. To execute the same, the respondent herein has filed E.P. No.35 of 2005 under Order 21, Rule 37, C.P.C. Counter has been filed by the petitioner herein repudiating the contentions raised in the Execution Petition. The learned Trial Judge after considering the matter in issue has held that arrest cannot be ordered against the petitioner/judgment debtor as he has possessed property. However, the learned Trial Judge directed the petitioner/judgment-debtor to pay the decree amount in installment at Rs.5,000/- per month failing which arrest will be ordered. Challenging the said order the present Revision has been filed.

3. Mr. K.A. Ravindran, learned counsel appearing for the petitioner contended that the learned Trial Judge has not given any finding that the petitioner/judgment-debtor has means to pay the decree amount. The learned Trial