IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 28094 of 2009(O) ----------------------- OS.50/2006 OF SUB COURT, NEYYATTINKARA ............... PETITIONER : ------------------ L.BABU, S/O.LAKSHMANAN NADAR, LEKSHMANA BHAVAN, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.G.SUDHEER RESPONDENT: -------------------- THE CATHOLIC SYRIAN BANK, NEYYATTINKARA REPRESENTED BY IT'S BRANCH MANAGER P.S.THOMAS. BY ADVS. SRI. B.S. KRISHNAN, SC SRI.K.ANAND SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28094 of 2009(O) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE EXECUTION PETITION IN E.P.NO.11/2007 IN O.S. NO.50/2006 FILED BY THE RESPONDENT BEFORE THE SUB COURT, NEYYATTINKARA DATED 31.1.2007. EXT.P2 : COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE SUB COURT, NEYYATTINKARA DATED 19.6.2007. EXT.P3 : COPY OF THE AFFIDAVIT FILED BY THE RESPONDENT BEFORE THE SUB COURT, NEYYATTINKARA DATED 12.7.2002. EXT.P4 : COPY OF THE AFFIDAVIT FILED BY THE PETITIONER BEFORE THE SUB COURT, NEYYATTINKARA IN O.S.NO.50/2006 DATED 18.8.2008. EXT.P5 : COPY OF THE ORDER IN EP NO.11/2007 IN O.S.NO.50/2006 DATED 29.7.2009 OF THE SUB COURT, NEYYATTINKARA. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn HARUN-UL-RASHID,J. ------------------------------- W.P.(C).NO.28094 OF 2009 ------------------------------- DATED THIS THE 2ND DAY OF NOVEMBER, 2010 JUDGMENT Petitioner is the judgment debtor in E.P.No.11/07 in O.S.No.50/2006 on the file of the Sub Court, Neyyattinkara. The prayer in this writ petition is to set aside Ext.P5 order. Ext.P1 is the copy of the execution petition. The amount to be realised as per the execution petition is Rs.2,35,080/- as on the date of filing of the E.P. The execution court held that the judgment debtor has got landed properties and is having means to pay the decree debt. Finding that the judgment debtor failed to pay the decree debt, the court allowed the prayer of the decree holder-Bank and ordered arrest and detention of the judgment debtor. This matter was taken up for consideration on 23/9/2010. On that day the learned counsel for the petitioner submitted that the petitioner ready to pay Rs.1,00,000/- within a period of three weeks. It is submitted that the said amount was paid. He also requested that the balance -2- WP(C).No.28094/2009 amount may be permitted to be paid in monthly instalments. 2. Taking into account the submission made by the learned counsel for the petitioner that the petitioner is prepared to pay the balance decree debt in instalments and considering the financial position of the judgment debtor, this Court is of the view that the said request can be considered. The request is allowed on condition that the petitioner shall pay Rs.50,000/- (Rupees fifty thousand) within two months from today and the balance amount shall be paid in monthly instalments at the rate of Rs.7,500/- per month. The first monthly instalment shall be paid on or before the 5th February, 2011 and other instalments on or before the 5th of every succeeding months. If the petitioner fails to pay the amounts within the time allowed as ordered above, the execution court shall proceed to realise the balance amount in accordance with Ext.P5 order. Writ petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.