IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 24TH NOVEMBER 2006 / 3RD AGRAHAYANA 1928 CRP.No. 841 of 2006() --------------------- AGAINST THE ORDER DATED 12/09/2006 IN EP 31 2006 IN OS.16/2005 of SUB COURT, QUILANDY .................... REVISION PETITIONERS/RESPONDENTS: -------------------------------------------------------- 1. V.BALAN NAIR, S/O.RAGHAVAN NAIR, FTCM A.M.HGH SCHOOL, POOVAMBAYI, P.O.KINALUR, KINALUR AMSOM, DESOM, KOYILANDY. 2. M.K.AHAMMED KOYA, S/O.MOIDEENHAJI, PEON, A.M.HIGH SCHOOL, POOVAMBAYI, P.O.KINALUR, KINALUR AMSOM, DESOM, KOYILANDY. 3. CLEETUS JOHN, S/O.J.P.JOHN, CRAFT TEACHER A.M.HIGH SCHOOL, POOVAMBAYI, P.O.KINALUR, KINALUR AMSOM, DESOM, KOYILANDY TALUK. BY ADV. SRI.MOHANAN V.T.K. SRI.P.NARAYANAN RESPONDENT/PETITIONER: --------------------------------------- STATE BANK OF TRAVANCORE, BALUSSERY AGRICULTURE DEVELOPMENT BRANCH BALUSSERY. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/11/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J ------------------------------------------- C.R.P.No.841 OF 2006 ------------------------------------------- Dated this the 24th day of November, 2006 JUDGMENT Heard counsel for the petitioner and Adv.Sri.Sathesh Ninan for the respondent Bank. 2. The revision petitioners are judgment debtors. They challenge the order for arrest passed in execution of a money decree obtained by the respondent Bank. All the three are employees in a school. The court below is justified in relying on the testimony of PW1 as also Exts.A1 to A3 documents, the salary certificates of the revision petitioners. Under such circumstances, I do not find any error, illegality or impropriety in the impugned order warranting interference under Section 115 of the Civil Procedure Code. 3. In the aforesaid circumstance, learned counsel for the petitioners request that the petitioners may be permitted to pay off the entire outstandings in instalments. CRP.841/06 Page numbers Having heard counsel for parties, it is directed that if the petitioners deposit Rs.10,000/- each per month, payable on or before the 10th of every month commencing from December, 2006, the impugned warrants will not be enforced. If the petitioners make default in depositing amounts as aforesaid, the benefit of this judgment will be recalled and the warrants can be enforced. THOTTATHIL B.RADHAKRISHNAN Judge kkb.