IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 33562 of 2008(U) -------------------------------------------- OS.333/1996 of SUB COURT, KOTTARAKKARA .................... PETITIONER: ANIL KUMAR, PARANKIMAMVILA VEEDU, PUTHENTHURA WARD, EZHUKONE. BY ADV. SRI.B.KRISHNA MANI RESPONDENT: KUTTAPPAN, CHAKKAIL VEEDU, CHERIYIL, ULIAKKOVIL, KOLLAM. BY ADV. SRI.ALEXANDER GEORGE ADV. SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.33562 of 2008 U -------------------------- JUDGMENT Rupees One lakh has been paid to the respondent/decree holder by the petitioner/judgment debtor on 20.11.2008 as seen from Exhibit P6 photostat copy of the memo filed in the court below. Hence, the direction of this Court in the order dated 13.11.2008 stands complied with. 2. The request of the counsel for the petitioner/judgment debtor is for leave to discharge the balance debt by payment in monthly instalments, to which counsel for the respondent/ decree holder also is agreeable. But, at the same time, counsel on both sides did not come to an agreement as to the rate at which the instalment payments are to be made. Hence, I adopt a via media and fix Rs.30,000/- (Rupees thirty thousand only) as the amount to be paid in monthly instalments after making a further initial payment of Rs.50,000/- (Rupees fifty thousand only) on the 15th day of January, 2009. After making the payment of Rs.50,000/- on 15th January, 2009, the WPC 33562/08 2 petitioner/ judgment debtor shall discharge the balance debt by making monthly payments at the rate of Rs.30,000/- with effect from 15th February, 2009 onwards. All monthly instalments have to be paid on or before 15th day of every calendar month. In case the petitioner/ judgment debtor commits default in payment of Rs.50,000/- on 15th of January, 2009 or in the event of his committing default in payment of any subsequent two consecutive monthly instalments on the due dates, the petitioner/judgment debtor shall forfeit the benefit to discharge the debt in instalments and the respondent/decree holder shall be entitled to proceed with recovery steps by bringing the property of the petitioner/judgment debtor to sale from the stage at which the execution petition stands at present. This writ petition is disposed of with the above directions. 17th December, 2008 (K.P.Balachandran, Judge) tkv