IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No.2420 of 2009 (K) -------------------------------- OS.422/1998 of MUNSIFF COURT, N. PARAVUR .................... PETITIONER: --------------- RATNAN, S/O.KUMARAN, PATTATHUVEETTIL, PUTHENVELIKKARA KARA. BY ADV. SRI.K.VINOD CHANDRAN SMT.A.S.BEENU RESPONDENTS: ------------------ 1. ST ANTONY'S CHARITABLE TRUST, PUTHENVELIKKARA KARA. PUTHENVELIKKARA VILLAGE, REPRESENTED BY 2. PRESENT PRESIDENT: V.C.THOMAS, S/O.CHERIA, VAZHAPPILLY VEEDU, KAROTTUKARA DESOM. PUTHENVELIKKARA 3. PRESENT SECRETARY: P.O.DAVIS, S/O.OUSEPH, PADAYATTI VEEDU, PUTHENVELIKKARA 4. SASI, S/O.PENGAN, KORATHUVEETTIL, PUTHENVELIKKARA KARA. 5. HARIHARAN, S/O.KRISHNAN, MULLAMPARAMBIL, PUTHENVELIKKARA KARA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.2420 of 2009 ------------------------------------------------ Dated this the 22nd day of January, 2009 JUDGMENT This Writ Petition is filed by the first judgment debtor in O.S.422/98 on the file of the Munsiff's Court, North Parur against order directing issuance of arrest warrant after the execution court entering a finding to the effect that he is having sufficient means, income and ability to pay the decree debt and is wilfully evading payment of the decree debt. 2. It is seen from Ext.P1 order that though the decree holder has given evidence, the judgment debtor has not even cared to enter the witness box though he has set up a plea of no means. There is absolutely no merit in this Writ Petition. W. P. C. No.2420 of 2009 -2- 3. However, counsel for the judgment debtor submits that the petitioner will pay a reasonable amount to avoid warrant being executed. In view of the said submission, I order that the warrant shall be kept in abeyance for a period of one month in case the petitioner pays to the decree holder or deposits in the court below for payment to the decree holder an amount of Rs.15,000/- from out of the decree debt. However, the order to keep in abeyance the warrant ordered to be issued, shall come into force only on payment/deposit of the aforesaid amount. If the amount is paid at least within two weeks from today, the court below may pass appropriate orders in consultation with counsel for the decree holder granting reasonable time for the judgment debtor to discharge the balance debt. W. P. C. No.2420 of 2009 -3- 4. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-