IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 20487 of 2010(O) --------------------------------------- [OS.NO.200/2006 OF ADDITIONAL MUNSIFF'S COURT, KOLLAM] .................... PETITIONER: ------------------- N.GOPALAKRISHNA PILLAI, S/O.NARAYANA PILLAI, SHANTI BHAVAN, KADAPPAKKADA, KOLLAM EAST VILLAGE, KOLLAM. BY ADV. SRI.THYPARAMBIL THOMAS THOMAS. RESPONDENTS: ------------------------ 1. MANAGER, CORPORATION BANK, CHINNAKKADA, KOLLAM, PIN - 691 001. 2. C.ANIL KUMAR, S/O.CHELLAPPAN PILLAI, SHANTHI NIKETHAN, MURUNTHAL, THRIKKADAVOOR VILLAGE, KOLLAM, PIN - 691 013. R1 BY ADV. SRI.S.K.BALACHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.20487/2010-O: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE PETITION IN E.P.NO.115/2009 IN O.S. NO.200/2006 DTD. 20/12/2008 ON THE FILE OF THE MUNSIFF COURT, KOLLAM. EXT.P.2: COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, KOLLAM. EXT.P.3: COPY OF THE MEDICAL PRESCRIPTION ISSUED TO THE PETITIONER. EXT.P.4: COPY OF THE RECEIPT ISSUED FROM LIFE INSURANCE CORPORATION. EXT.P.5: COPY OF THE ORDER DTD. 24/05/2010 IN E.P. NO. 115/2009 IN O.S. NO. 200/2006 ON THE FILE OF MUNSIFF'S COURT, KOLLAM. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. THOMAS P.JOSEPH, J. ==================================== W.P(C) No.20487 of 2010 ==================================== Dated this the 21st day of November, 2011 J U D G M E N T Petitioner is the second judgment debtor in E.P. No.115 of 2009 in O.S. No.200 of 2006 of the court of learned Additional Munsiff, Kollam. First respondent-decree holder obtained a decree for recovery of money against petitioner and the second respondent. The decree was passed on 31.07.2006. In the year, 2009, first respondent filed execution petition for recovery of Rs.50,645/- with future interest and sought personal execution against petitioner. According to the petitioner, no evidence was recorded by the executing court to enter a finding that petitioner is having sufficient means. 2. Learned counsel for first respondent points out that an enquiry was conducted regarding means of petitioner, he was examined as D.W.1 and the Manager of first respondent was examined as P.W.1. 3. Exhibit P5, order shows that the executing court considered plea of first respondent regarding means of petitioner and came to the conclusion that petitioner who is a LIC agent has W.P(C) No.20487 of 2010 -: 2 :- sufficient means. On hearing counsel on both sides I do not find reason to interfere with the said order. 4. Learned counsel requested that petitioner may be permitted to pay the amount in 12 installments. I have heard learned counsel for the first respondent also in that regard. Having regard to the difficulties of petitioner stated by learned counsel I am inclined to grant time to the petitioner to pay/deposit the amount due under the decree in ten equal monthly installments beginning from 01.12.2011. The amount if any deposited by the petitioner as per order of this Court and withdrawn by the first respondent has to be adjusted towards the amount due. The Writ Petition is disposed of in the following lines: (a) While no interference is required with the impugned order, petitioner is permitted to pay/deposit in the executing court for payment to the first respondent amount due under the decree in ten (10) equal monthly installments beginning from 01.12.2.011 provided that by the last installment the entire amount due is paid. (b) Payment/deposit as aforesaid shall be W.P(C) No.20487 of 2010 -: 3 :- made on or before the 5th of every month and in case that day happens to be a holiday, such payment/deposit shall be made on the next working day. (c) In case there is any two defaults in making payment/deposit it is open to the executing court to proceed with the execution proceedings on the strength of the finding regarding means without any further enquiry. (d) Warrant of arrest if any issued against petitioner will stand in abeyance during the said period of ten months beginning from 01.12.2011 or till default is committed whichever is earlier. (e) The amount if any deposited by the petitioner as per order of this Court and withdrawn by the first respondent shall be adjusted towards the liability. All pending Interlocutory Applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv