IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 OP(C).No. 665 of 2011(O) ------------------------ AGAINST THE ORDER IN EP 358/2008 IN OS.256/2008 of ADDL.SUB COURT, THALASSERY .................... PETITIONER/JUDGMENT DEBTOR: --------------------------------------------------- M.RAJEEV, NALINI NIVAS, PALLIKUNNU.P.O., KANNUR-4. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): DECREE HOLDER: ------------------------------------------------------- K.C.AJITH, GOVINDA SADAN, CHOVVA.P.O., KANNUR-670 571. BY ADV. SRI.K.RAJESH SUKUMARAN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.665/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXECUTION PETITION DTD. 18/11/2008. P2: COPY OF THE OBJECTION. P3: COPY OF AGREEMENT DTD. 07/05/2005. P4: COPY OF JUDGMENT DTD. 03/08/2010 IN WP(C) NO.29580/2009. P5: COPY OF E.A.373/2000 DTD. 28/10/2010. P6: COPY OF THE ORDER DTD. 21/01/2010 IN E.A.NO.373/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== O.P(C) No.665 of 2011 ==================================== Dated this the 05th day of July, 2011 J U D G M E N T On the executing court (court of Learned Additional Sub Judge, Thalassery) finding means of petitioner and issuing warrant for his arrest, he approached this Court with W.P(C) No.29580 of 2009. That Writ Petition was disposed of by judgment dated 03.08.2010 refusing to interfere with the finding regarding means but permitting petitioner to request the executing the court to permit him pay the amount in installments. There was also a direction that if any such request is made the executing court shall decide the same after hearing counsel for respondent also. Based on that direction petitioner requested for installment payment in the executing court. Respondent was not amenable to the installment facility as prayed for by petitioner since according to the respondent even as on that day the amount due as per the decree was Rs.17 lakhs and of the amount payable from 11.08.2009 onwards petitioner had not paid any amount. In view of the objection the executing court dismissed E.A. No.373 of 2010. That order is under challenge. I have heard learned counsel for petitioner and respondent. O.P(C) No.665 of 2011 -: 2 :- 2. Learned counsel submitted that even after the decree was passed there was an agreement between parties as per which petitioner was to pay the decree amount in installments at the rate of Rs.20,000/- per month. Learned counsel therefore request that petitioner may be permitted to pay the decree amount at that rate. Learned counsel for respondent has pointed out that even on that basis the amount now payable comes to Rs.5,20,000/- which has not been paid. It is pointed out by learned counsel that if petitioner is prepared to pay the said amount of 5,20,000/- forthwith respondent is agreeable to petitioner making payment of the balance amount in installments at the rate of Rs.20,000/- per month. On the above submission of learned counsel for respondent, learned counsel for petitioner requested that petitioner may be granted three months' time to pay the said amount of Rs.5,20,000/. Learned counsel has referred to the financial difficulties that petitioner is facing. Having regard to the circumstances I am inclined to grant two months' time for the said purpose. Original petition is disposed of with a direction that executing court shall not issue warrant of arrest to the petitioner in case petitioner complied with the following conditions: O.P(C) No.665 of 2011 -: 3 :- (i) Petitioner paid/deposited in the executing court for payment to the respondent Rs.5,20,000/- (Rupees Five lakhs and twenty thousand only) within two months from this day. (ii) Petitioner paid the balance amount in monthly installments at the rate of Rs.20,000/- payable on or before 5th of every month beginning from 05.09.2011 provided that by the last installment the entire amount is paid. It is made clear that if condition No.(i) is not complied or there is default in payment of any two installments as per condition No.(ii), it will be open to the executing court to issue warrant of arrest for recovery of the entire balance amount due. THOMAS P. JOSEPH, JUDGE. vsv