IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 23231 of 2009(O) -------------------------- EP NO.55/2007 IN OS.14/2001 of I ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER(S): --------------- K.SREEKUMAR, HOUSE NO. TC 17/1971, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): --------------- K.DASSAN, S/O. LOMDS, PANGAPPARA, THIRUVANANTHAPURAM DIST. ADV. SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.23231/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF DECREE PASSED BY 1ST ADDL.SUB COURT, TRIVANDRUM IN OS NO.14/2001 DATED 28.06.2005 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.23231 of 2009 -------------------------------------- Dated this the 15th day of July, 2010. JUDGMENT Though order issuing warrant of arrest to the petitioner is challenged in this Writ Petition petitioner now has only one request; he may be permitted to pay balance amount due under the decree in installments. It is submitted by learned counsel that during the pendency of execution petition Rs.60,000/- was paid to the respondent (according to learned counsel for respondent only Rs.55,000/- was paid). It is also contended that as per order dated 17.08.2009 of this Court, Rs.20,000/- was deposited in the executing court (which is not disputed before me). Now request is to permit petitioner to pay balance amount in installments. It is submitted by learned counsel that petitioner has no regular income. Learned counsel for respondent states that respondent is aged about 72 years and that may also be taken into account by this Court in case installment facility is granted. Having regard to the facts and circumstance I permit petitioner to pay the balance amount due under the decree in ten (10) equal monthly installments beginning from 01.08.2010 onwards. Resultantly this Writ Petition is disposed of in the following lines: WP(C) No.23231/2009 2 i. Petitioner is permitted to deposit the balance amount due under the decree (which is to be ascertained by the executing court) in the executing court in ten (10) equal monthly installments beginning from 01.08.2010 onwards. The amount shall be deposited on or before 5th (fifth) of each month. ii. In case of default in deposit of any two installments or the amount due under the decree is not paid within the aforesaid period of ten months it is open to the respondent to pursue with personal execution against petitioner without any further enquiry regarding means of petitioner. iii. Warrant of arrest issued to the petitioner shall stand in abeyance during the said period of ten (10) months or till default is committed by petitioner as stated in clause (ii) above, whichever is earlier. THOMAS P.JOSEPH, Judge. cks