IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 31693 of 2008(W) --------------------------------------------- OS.1709/2005 of PRL.M.C., TRIVANDRUM .................... PETITIONER: T.A.RAJAN, TC 12/1497, MARICHINIVILA, KUNNUKUZHI, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT: P.SURENDRAN, SOUPARNIKA T.C.10/987(2), MANNAMMOOLA, PEROORKADA P.O., THIRUVANANTHAPURAM. ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.31693 of 2008 W -------------------------- JUDGMENT Petitioner has deposited an amount of Rs.15,000/- before the execution court in compliance with order of this Court dated 29.10.2008. Counsel for the petitioner submits that the petitioner/judgment debtor is prepared to discharge the balance debt in monthly instalments of Rs.5,000/-. The respondent/decree holder is also agreeable to the instalment benefit being granted to the petitioner/judgment debtor. In the result, I dispose of this writ petition allowing the petitioner/judgment debtor to discharge the balance debt in monthly instalments of Rs.5,000/- beginning with 5th February, 2009. All monthly payments/deposits will have to be made on or before the 5th day of every calendar month till the debt is discharged. Default in making payment/deposit of any one of the monthly instalments on or before the due date will dis- WPC 31693/08 2 entitle the petitioner to have the continued benefit of discharging the debt in instalments and the respondent/decree holder shall thereupon be entitled to proceed to recover the entire balance debt in a lump by personal execution as against the petitioner, inasmuch as I have not interfered with the impugned order finding ability and means of the petitioner/judgment debtor to discharge the debt. The amount of Rs.15,000/- already deposited by the petitioner in the court below is allowed to be withdrawn by the respondent/decree holder. 5th January, 2009 (K.P.Balachandran, Judge) tkv