IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 30552 of 2008(K) -------------------------- AGAINST THE ORDER DATED 27/08/2008 IN EP 156/03 IN OS.354/1996 of PRL.SUB COURT,IRINJALAKUDA .................... PETITIONERS/ JUDGEMENT DEBTORS 1 & 3 -------------------------------------- 1. VIJAYAN, S/O.POOKKOTTU KARUVAN NARAYANAN, POOKKOTTU DESOM, AMBALLUR VILLAGE, THRISSUR DISTRICT. 2. ENASU, S/O.PORATHUKARAN MATHEW, MANNAMPETTAH DESOM, AMBALLUR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.T.N.MANOJ RESPONDENT: DECREE HOLDER ---------------------------- 1. VYAPARA VIJAYAN HIRE PURCHASE (PVT) LTD, NADAR BUILDING, THRISSUR. 2. P.K.ANTONY, POTTATHUPARAMBIL HOUSE, VARAKKARA, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 30552 of 2008 ========================== Dated this the 17th day of October, 2008. JUDGMENT The judgment debtors 1 and 3 in E.P. No. 156 of 2003 in O.S. No. 354 of 1996 on the file of the Principal Sub Judge, Irinjalakuda are the petitioners in this writ petition. They challenge Ext.P2 order dated 27.08.2008 as per which arrest warrants against the petitioners and arrest warrants with police aid against judgment debtor No.2 has been ordered. 2. The learned counsel for the petitioner submits that the 1st petitioner who is the principal debtor, wants time till 30th November, 2008 to clear the entire debt since with regard to yet another liability his wife's property is being sold and he will be able to discharge the entire liability by that time. In case the petitioners deposit before the court below 50% of the balance amount due towards the decree debt on or before 10.11.2008, the warrants against the petitioner shall be kept in abeyance. If the petitioners make the above deposit as ordered, they shall be given further time till 10.12.2008 to deposit the entire balance W.P.(C) No. 30552/2008 : 2: amount until which time, the arrest warrants against the petitioners shall be kept in abeyance. If the petitioners do not make the initial deposit of 50% as aforesaid, the entire decree amount shall become due in one lump sum and in that event it shall be open to the court below to order personal execution against the petitioners without any further finding regarding their means. This writ petition is disposed of as above. Dated this the 17th day of October, 2008. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 30552/2008 : 3: