IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 19409 of 2008(I) ------------------------------- EP.26/2006 IN OS.902/2002 of II ADDL.M.C.,THRISSUR .................... PETITIONER(S)/JUDGMENT DEBTORS: ------------------------------------------ 1. RAMAKRISHNAN, SON OF THAYYAT PONNUKUTTAN KARAMUCK VILLAGE, DESOM, THRISSUR TALUK. 2. MOHINI RAMAKRISHNAN, WIFE OF RAMAKRISHNAN,KARAMUCK VILLAGE, DESOM, THRISSUR TALUK. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENT(S)/DECREE HOLDER: --------------------------------------- KARUNAKARAN, S/O RAMAN KURUVATH, KARAMUCK VILLAGE, DESOM, THRISSUR TALUK ADV. SRI.JAGADEESH LAKSHMAN FOR R1 SRI.T.GANGADHARA BHAT FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS:- EXT.P1:- TRUE COPY OF THE PROMISSORY NOTE DATED 20/06/1999 EXT.P2:- TRUE COPY OF THE E.P. NO.26/04 IN O.S. NO.202/02 FILED BY THE FIRST RESPONDENT. EXT.P3:- TRUE COPY OF ORDER DT.18/01/08 IN E.P. NO.26/06 IN O.S.902/02 OF THE II ADDL. MUNSIFF COURT, THRISSUR. ............. PIUS C. KURIAKOSE, J. --------------------------------------------------------------- W. P. C. No.19409 of 2008 --------------------------------------------------------------- Dated this the 27th day of January, 2010 JUDGMENT Under challenge in this Writ Petition under Article 227 filed by the judgment debtors facing a money decree execution is Ext.P3 order passed by the Execution Court holding that the first petitioner is possessed of sufficient means to pay the decree debt and being guilty of wilful negligence is liable to be arrested. This Court on admitting the Writ Petition became inclined to grant stay only on condition that a sum of Rs.5,000/- is paid or deposited in the Execution Court. No time frame has been set by this Court for making the above payment. But, it is submitted by the learned counsel for the petitioners that the above payment is already made. If the above W. P. C. No.19409 of 2008 -2- payment of Rs.5,000/- paid by this Court is already made by the petitioners, I am of the view that the petitioners can be granted relief of instalment facility in the matter of liquidating the decree debt. Writ Petition accordingly is disposed of in the following terms:- The learned Munsiff will verify whether pursuant to this Court's order dt.27/06/08 a sum of Rs.5,000/- is paid or deposited by the first petitioner. If the verification reveals that payment or deposit of Rs.5,000/- is already made, then, the learned Munsiff will keep Ext.P3 order in abeyance subject to the following conditions:- 1) The petitioners will continue to pay at the rate of Rs.3,500/- every month with effect from 15th February, 2010 till such time as the entire decree debt W. P. C. No.19409 of 2008 -3- as claimed in the E.P is wiped out. 2) If the petitioners default payment of instalment as ordered above, they will forfeit the benefit of instalment facility. 3) Once the petitioners are confident that the entire decree debt is wiped off, it is open to them to file application before the Execution Court for recording full satisfaction of the decree. If any such application is filed, the same will be disposed of by the learned Munsiff in accordance with law after hearing both sides. PIUS C. KURIAKOSE JUDGE kns/-