In a civil suit. Money decree passed of 10 lakhs
The judgement debtor makes a part payment of 5 lakhs .
and regarding another five lakhs both the Decree holder and judgement debtor enter into an oral agreement with the money will be paid within one year and that he will not go for execution
but later on within three months, the decree holder goes for execution He contends that executing court cannot extend the time as that would amount to varying or modifying the terms of decree but the judgement debtor wants to file an application for enlargement of time For payment of remaining five lakhs does he have to file Sec148 Cpc petition before the executing court or the court which passed the decree
or can he file a petition under section 47 before the executing court asking it to extend the time and stay the execution proceedings
can you please clarify
because right now the decree holder filed execution petition for the purpose of execution
but the judgement debtor needs time to Pay money and he does not want attachment of his properties
