IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 CRP.NO. 307 OF 2011() --------------------------------- AGAINST THE ORDER DATED 26/11/2010 IN EP.250/2009 IN OS.225/2008 OF ADDL.SUB COURT, IRINJALAKUDA .................... REVN. PETITIONER(S): JUDGEMENT DEBTOR ---------------------------------------------------------------- 1. MURALEEDHARAN AGED 49 YEARS, S/O.PULIKKAL VEETIL SANKARANARAYANAN, PUTHENCHIRA VILLAGE,VELLOOR DESOM, MUKUNDAPURAM TALUK. 2. VENUGOPALAN,AGED 53 YEARS, S/O.PULIKKAL VEETIL SANKARANARAYANAN, PUTHENCHIRA VILLAGE,VELLOOR DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): DECREE HOLDER --------------------------------------------------- FELIX,S/O.KOLANTHARA PAILY, PO ELAVAKKARA, (PO.ELAMAKKARA), PONEKKARA DESOM,EDAPPALLY NORTH VILLAGE, KANAYANNUR TALUK,PIN 682 026. ADV. SRI.K.NARAYANAN (PARUR) FOR R1 SRI.V.RAJENDRAN (PERUMBAVOOR) FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== C.R.P. No.307 of 2011 ==================================== Dated this the 02nd day of September, 2011 O R D E R Pursuant to an agreement for sale of property respondent has obtained a decree for return of advance money with interest as per award passed by the Lok Adalath. Of the total amount payable, it is submitted by learned counsel that Rs.3,14,000/- was paid in the executing court and a further sum of Rupees One lakh was paid as per order dated 30.06.2011. Challenge in this proceeding is to the order dated November 26, 2010 in E.P.No.250 of 2009 of the court of learned Sub Judge issuing warrant of arrest to the petitioner. 2. When this matter came up for hearing learned counsel for petitioner requested some time for payment of the balance amount. I have heard learned counsel for respondent as well. Having regard to the circumstances stated I am inclined to grant four month's time from 01.10.2011 to the petitioner to pay the balance decree debt. Civil Revision Petition is disposed of as follows: C.R.P. No.307 of 2011 -: 2 :- While no interference is required with the order issuing warrant of arrest, petitioner is permitted to pay the balance amount due in four equal monthly installments beginning from 01.10.2011 onwards provided that by the last installment the entire amount due is paid subject to the following conditions: (a) It is directed that payment/deposit in the executing court for payment to the respondent shall be made on or before 5th of every month beginning from 01.10.2011. If that day happens to be a holiday amount shall be paid/deposited on the next working day. (b) In case of any default in making payment/deposit as above stated, it is open to the executing court to proceed with personal execution from that stage. (c) Further proceedings pursuant to order dated November 26, 2010 will stand stayed during the said period of four months from 01.10.2011 or till C.R.P. No.307 of 2011 -: 3 :- default as above stated is committed, whichever is earlier. All pending Interlocutory Applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv