IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 28715 of 2009(O) -------------------------- EA NO.102/2009 IN EP 46/2008 IN OS 79/2006 OF MUNSIFF'S COURT, PERAMBRA PETITIONER(S): --------------- IBRAHIM, S/O.SOOPPY, AGED 50 YEARS, KAYALATTUUKUNIYIL HOUSE MEPPAYUR POST, KOYILANDY, KOZHIKODE DIST. BY ADV. SMT.BINDU GEORGE SMT. P.JAYALAKSHMI RESPONDENT(S): --------------- 1. SOUTH MALABAR GRAMIN BANK, PERAMBRA BRANCH, KOZHIKODE DIST,. REP.BY ITS MANAGER. 2. V.P.YUSUF, S/O.ERAMULLANKUTTY, V.P.K.HOUSE, PAITHOTH ROAD, PERAMBRA POST,KOZHIKODE DIST PIN-673 525. R1 - BY ADV. SRI.T.R.RAVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.28715/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF EP NO.46/08 DATED 31.1.2008 IN OS 79/2006 FILED BY THE FIRST RESPONDENT BEFORE THE MUNSIFF'S COURT, PERAMBRA EXTP2 TRUE COPY OF APPLICATION DATED 5.10.2009 (EA NO.102/2009) FILED BY THE PETITIONER IN EP 46/2008 IN OS 79/2006 BEFORE THE MUNSIFF'S COURT, PERAMBRA EXT.P3 TRUE COPY OF ORDER DATED 6.10.2009 IN EA NO.102/2009 IN EP NO.46/2008 IN OS 79/2006 PASSED BY THE MUNSIFF'S COURT, PERAMBRA //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.28715 of 2009 -------------------------------------- Dated this the 26th day of May, 2010. JUDGMENT Writ petitioner before me is judgment debtor No.2 in E.P.No.46 of 2008 in O.S.No.79 of 2006 of the court of learned Munsiff, Perambra. Pursuant to the decree passed in favour of respondent No.1/decree holder it launched execution by filing Ext.P1, petition on 31.01.2008 claiming Rs.61,652/- and future interest. Learned counsel for petitioner submits that during the pendency of execution petition, petitioner paid Rs.14,000/- (which is not disputed by respondent No.1 also). Thereafter an enquiry was conducted as to the means of petitioner, found against him and his arrest was ordered. According to the petitioner, after depositing Rs.5,000/- in the executing court petitioner filed Ext.P2, application to re-call the arrest warrant. That application was dismissed as per Ext.P3, order which is under challenge in this proceeding. Learned counsel for petitioner states that as per direction of this Court petitioner has deposited a further sum of Rs.10,000/- in the executing court which also is not disputed by respondent No.1. Learned counsel now seeks six months' time to pay the balance amount due under the decree. I have heard counsel for respondent No.1 as well. Learned counsel for respondent No.1 was not able confirm whether there was deposit of Rs.5,000/- as stated by petitioner. 2. Having regard to the facts and circumstances I do not find reason to interfere with Ext.P3, order. But considering the difficulties of the petitioner stated by learned counsel I am inclined to grant six months time to the petitioner to pay the balance decree amount. WP(C) No.28715/2009 2 Resultantly this Writ Petition is dismissed. But petitioner is granted six months time from 01.06.2010 to pay the decree amount less the amount already deposited as revealed by the records of the executing court subject to the following conditions: i. Petitioner shall pay/deposit in the executing court for payment to respondent No.1 the balance amount due under the decree in six equal monthly installments beginning from 01.06.2010. ii. As to the balance amount payable to respondent No.1 as per decree, respondent No.1 shall file statement in the executing court. iii. In case there is any two default in payment of the monthly installments, it will be open to respondent No.1 to execute the warrant of arrest against the petitioner without any further enquiry regarding means. iv. Warrant of arrest and the proceedings in the execution petition shall stand in abeyance during the said period of six months or, till respondent No.1 initiated further proceedings consequent to the default in payment of the installments as referred to above, whichever is earlier. I.A.No.6480 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks