IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 5715 of 2009(O) ------------------------------------ EP 15/2007 IN OS.1/2004 of MUN-MAGI COURT, SASTHAMCOTTA .................... PETITIONER(S): ------------------------ SHAJAHAN, S/O. YOONUSKUTTY, POIKEEZHIL KIZHAKKATHIL, MYNAGAPPALLY VILLAGE, KUNNATHUR TALUK. BY ADV. MR.P.V.DILEEP RESPONDENT(S): ------------------------ STATE BANK OF TRAVANCORE, SASTHAMCOTTA BRANCH, REPRESENTED BY THE MANAGER. BY MR. M.PATHROSE MATTHAI, SENIOR ADVOCATE BY ADV. MR.SAJI VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5715/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT AND DECREE IN OS. 1/2004 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT, SASTHAMCOTTA. P2:- COPY OF THE EP.15/07 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT, SASTHAMCOTTA. P3:- COPY OF THE OBJECTION FILED BY THE RESPONDENT IN EP. 15/07 IN IS. 1/04 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT, SASTHAMCOTTA. P4:- COPY OF THE ORDER DTD. 13.1.09 IN EP. 15/07 IN OS. 1/04. TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.5715 OF 2009 -------------------------- Dated this the 30th day of September 2009 ------------------------------------- JUDGMENT Petitioner is the judgment debtor in E.P No.15 of 2007 in O.S No.1 of 2004 on the file of the Munsiff Court, Sasthamkotta. Petitioner resisting the execution of the decree passed in a suit for money in favour of the respondent bank raised a plea of no means. That plea was found meritless and rejected vide Ext.P4 order by the execution court. Propriety and correctness of that order is challenged in the writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 2. Respondent has entered appearance. I heard the counsel on both sides. During the pendency of the writ petition, pursuant to orders W.P.(C).No.5715 OF 2009 Page numbers passed by this court petitioner has deposited a sum of Rs.30,000/-(Rupees thirty thousand only) towards the decree debt due. The balance amount approximately comes to Rs.49,000/- (Rupees forty nine thousand only). The learned counsel for the petitioner seeks for remitting the balance amount due by way of equal monthly instalments, to which the respondent bank has no serious objection. Having regard to the submissions made and taking note of the facts and circumstances presented, I direct the judgment debtor to remit the outstanding amount due on the decree debt by nine equal monthly instalments of Rs.6,000/- (Rupees six thousand only) which shall commence from the next month onwards. Instalment due shall be remitted on or before 10th of every month and if 10th happens to be a holiday, on the next working day itself. In the event of default of one instalment, the judgment debtor will lose the benefit of payment by W.P.(C).No.5715 OF 2009 Page numbers instalment and it is open to the decree holder to proceed for realisation of the entire outstanding decree debt. Whatever balance amount outstanding after the 8th instalment shall be discharged in the 9th instalment by the judgment debtor. Subject to the above directions, Ext.P4 order is set aside and the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv