IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 CRP.NO. 171 OF 2011() --------------------------------- AGAINST THE ORDER DATED 10/12/2010 IN EP 368/05 IN TSCOS.28/1994 OF PRINCIPAL SUB COURT,IRINJALAKUDA .................... REVN. PETITIONER(S): IST JUDGEMENT DEBTOR/IST DEFENDANT ------------------------------------------------------------------------------------------------- R.SANKARAN, S/O.MARASSARY RAMAN, RAPAL DESOM, PARAPUKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): DECREE HOLDER/PLAINTIFF ------------------------------------------------------------------ MAR APPREM KURI COMPANY LTD, M.O.ROAD, THRISSUR, REP. BY ITS MANAGER. ADV. SRI.P.B.KRISHNAN SMT.GEETHA P.MENON THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== C.R.P. No.171 of 2011 ==================================== Dated this the 29th day of August, 2011 O R D E R Petitioner is the first judgment debtor in E.P. No.368 of 2005 in TSCOS No.28 of 1994 of the court of learned Principal Sub Judge, Irinjalakuda. He is facing a warrant for his arrest and detention on a finding that in spite of having sufficient means he has refused to pay the amount due under the decree. When the matter came up for hearing, this Court granted stay of execution for a period of three months from 29.03.2011 on condition that petitioner paid Rs.15,000/- to the respondent or deposits the same in the executing for within two months from that date. Learned counsel submitted that the said direction was complied. Petitioner seeks four months' further time to pay off the entire balance amount due under the decree. 2. Request for time has to be made in the executing court and it is for the executing court to decide on that question after hearing counsel for respondent also. To facilitate that, I am inclined to grant some time to the petitioner. C.R.P. No.171 of 2011 -: 2 :- Resultantly, this Civil Revision Petition is disposed of directing that warrant of arrest issued to the petitioner will stand in abeyance for a period of one month from this day or till default as stated hereinbelow is committed, whichever is earlier, subject to the following conditions: (a) Petitioner shall deposit in the executing court `15,000/- (Rupees Fifteen thousand only) in E.P. No.368 of 2005 in TSCOS No.28 of 1994 within two weeks from this day, for payment to the respondent. (b) In case the above condition is not complied it will be open to the executing court to proceed with the execution pursuant to the impugned order. (c) It is open to the petitioner to request the executing court for permission to pay the balance amount due under the decree within 4 (four) months and if any such request is made, C.R.P. No.171 of 2011 -: 3 :- the executing court shall consider the same and pass appropriate orders after hearing learned counsel for respondent also. All pending Interlocutory Applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv