IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 CRP.No. 723 of 2008() --------------------- AGAINST THE ORDER DATED 17/07/2008 IN EP 837/2005 IN OS.1760/2004 of III ADDL. M.C.,THRISSUR .................... REVN. PETITIONER/ PETITIONER ------------------------------------ 1. PAULSON AGED 37 S/O. THERMADOM KOCHAPPAN PADAVARADU DESOM, OLLUR VILLAGE, THRISSUR TALUK. 2. DAVIES, LAB ASSISTANT, ST.THOMAS COLLEGE, THRISSUR. BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENT: DECREE HOLDERS -------------------------------------- RESOURCES INDIA KURIES (P) LTD., THRISSUR TALUK THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== C.R.P. No. 723 of 2008 ========================== Dated this the 30th day of September, 2008. ORDER The revision petitioners are two judgment debtors in E.P. No. 837 of 2005 in O.S. No. 1760 of 2004 on the file of the III Additional Munsiff's Court, Thrissur. The amount shown in the E.P was Rs.72,115/-. As on today, the said amount must have swelled further. The petitioners claim to have deposited before the Executing Court Rs.24,000/-. The order impugned in this revision is the order dated 17.07.2008 passed by the Executing Court namely III Additional Munsiff Court, Thrissur holding that both the judgment debtors had sufficient means to pay the E.P amount and they have defaulted in the payment and ordering arrest warrants against them. 2. The findings recorded by the court below is on the basis of evidence adduced by the decree holder and also after considering the rebuttal evidence adduced by the petitioners. The said finding cannot be interfered with in a revision filed under Section 115 C.P.C in the absence of any glaring illegality or want C.R.P.No. 723/2008 : 2: of jurisdiction. The same is accordingly confirmed. I, however, propose to give the petitioners an opportunity to seek instalment facility on certain conditions. In case the petitioners together deposit a further amount of Rs.45,000/- (Rupees forty five thousand only) before the court within one month from today, they can move that court for an instalment facility with regard to the balance amount. The warrants of arrest issued against the petitioners shall be kept in abeyance till the expiry of one month from today. In case the petitioners comply with the above condition of deposit of Rs.45,000/- within one month from today, the court below shall consider their request for instalment facility with regard to the balance amount and appropriate orders shall be passed with regard to the arrest warrants issued against the petitioners, after hearing both sides. Dated this the 30th day of September, 2008. V. RAMKUMAR, JUDGE. rv C.R.P.No. 723/2008 : 3: