IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 CRP.No. 658 of 2010() --------------------- EP NO.231/2007 IN OS.357/1998 of II ADDL.SUB COURT,THRISSUR .................... REVN. PETITIONER(S): JUDGMENT DEBTOR-DEFENDANT ---------------------------------------------- RAVEENDRASHARMA, S/O.MANIYOOR MADATHIL, KRISHNASHARMA EMBRANDIRI, METHALA VILLAGE, KODUNGALLUR TALUK, PRESENT ADDRESS MANIYOOR MADOM, POKULANGARA, DEVI TEMPLE POOJARI, ENGADIYOOR. BY ADV. SRI.JIJO PAUL RESPONDENT(S): DECREE HOLDER-PLAINTIFF -------------------------------------- VASUDEVAN, S/O.EASWARAMANGALATH NARAYANAN, METHALA VILLAGE, KODUNGALLUR TALUK, P.O.KUDUNGALLUR, THRISSUR DISTRICT-680664. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- C.R.P.No.658 of 2010 -------------------------------------- Dated this the 14th day of December, 2010. ORDER Judgment debtor in E.P.No.231 of 2007 in O.S.No.357 of 1998 of the court of learned Additional Sub Judge-II, Thrissur is the petitioner before me challenging the order dated November 19, 2010 issuing warrant of arrest to the petitioner on a finding that inspite of having sufficient means he has failed to pay the amount due under the decree. It is contended that the said finding is not correct. Alternatively it is requested that sufficient time may be granted to the petitioner to pay the amount in installments. 2. So far as means of petitioner is concerned, respondent has given evidence as PW1 and proved Exts.A1 to A6. Petitioner examined himself as RW1 and proved Ext.B1. It has come in evidence that petitioner is an astrologer who according to the respondent is earning `.20,000/- per month. It has also come in evidence that petitioner purchased nine cents of land in the name of his minor son on 10.07.2002 and constructed a two storied building. Evidence revealed that though not in his name a telephone has been installed in the said house and he also owns a car. According to the petitioner, purchase of land and construction of building are with the funds given by his brother-in-law. But the court below observed that the said contention cannot stand in the light of Ext.A5, copy of sale deed which stated that the sale consideration has flown CRP No.658/2010 2 from petitioner. It has also come in evidence that petitioner's father bequeathed 2.9 acres of land in favour of his children including petitioner. Thus evidence shows that petitioner has sufficient means. I do not consider that this is a case where interference is called for. 3. So far as the request for time for payment of amount in installments, having regard to the circumstances stated I am inclined to grant petitioner time till 31.01.2011 to pay the amount subject to conditions. Resultantly this petition is dismissed. But petitioner is granted time till 31.01.2011 to pay the amount due under the decree on condition that petitioner deposited in the executing court `.75,000/- (Rupees Seventyfive thousand only) on or before 03.01.2011 for payment to the respondent. In case the said condition is not complied or the entire amount is not deposited within the time granted hereby, it will be open to the respondent to proceed against petitioner pursuant to the order dated November 19, 2010 without any further enquiry as to means. I.A.No.3117 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks