IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 5030 of 2010(O) ----------------------------------- OS.585/2007 of II ADDL.MUNSIFF COURT, NEYYATTINKARA .................... PETITIONER(S): ------------------------ VINCENT, S/O.ARULAPPAN NADAR,KADAKULAM,KULATHOOR, RESIDING AT PRAVEEN BHAVAN, ARAYOOR DESOM, CHENKAL VILLAGE, NEYYATTINKARA. BY ADV. MR.G.SUDHEER RESPONDENT(S): ------------------------- KUTTALINGAM ASSARI S/O.KUMARASWAMI ASSARI, GOURI NANDANAM, ARAYOOR DESOM, CHENKAL VILLAGE, NEYYATTINKARA. BY ADVS. MR.R.T.PRADEEP, MR.V.VIJULAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5030/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE DECREE DTD. 19.6.2008 IN OS. NO.585/2007 PASSED BY THE ADDL. MUNSIFF COURT II, NEYYATTINKARA. P2:- COPY OF THE EP. NO.396/2008 IN OS. 585/2007 FILED BY THE RESPONDENT BEFORE THE ADDL. MUNSIFF COURT-II, NEYYATTINKARA DTD. 19.6.2008. P2(a):- COPY OF THE OBJECTION FILED BY THE PETITIONER IN OS. NO.585/2007 BEFORE THE ADDL. MUNSIFF COURT-II, NEYYATTINKARA DTD. 2.3.2009. P3:- COPY OF THE RECEIPT FOR RS. 10,000/- PAID BY THE PETITIONER DTD. 4.4.2009. P4:- COPY OF THE ORDER DTD. 6.4.2009 IN EP. NO.396/2008 IN OS. 585/2007 PASSED BY THE ADDL. MUNSIFF COURT-II, NEYYATTINKARA. P5:- COPY OF THE MEDICAL RECORDS ISSUED BY THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM DT. 24.6.2008. P6:- COPY OF THE PETITION DT. 16.7.2009 IN EP. NO.396/2008 IN OS. 585/2007 BEFORE THE ADDL. MUNSIFF COURT-II, NEYYATTINKARA. P7:- COPY OF THE ORDER DTD. 21.10.2009 IN EA. NO.511/2009 IN EP. 396/2008 IN OS. 585/2007 BEFORE THE ADDL. MUNSIFF COURT-II, NEYYATTINKARA. TRUE COPY P.A. TO JUDGE tss P. BHAVADASAN, J --------------------------- W.P(C).No.5030 OF 2010 ----------------------------------- Dated this the 18th day of March, 2010 J U D G M E N T Challenging the order issued against the petitioner, he has approached this court for necessary relief. The petitioner is the defendant in a O.S.585/2007 which was for a sum of Rs. 35,000/-. Suit was decreed. The decree was put in execution. 2. The respondent entered appearance and filed objection to the effect that he may be allowed to pay the decree amount by installment payment . The court below accepted the prayer and directed the petitioner to pay Rs.5,000/- per month. That was not done. Ultimately warrant was issued. Then the petitioner has approached this court. 3. At the time when petition was taken up for hearing, it was submitted that a sum of Rs. 10,000/- has already been deposited. The petitioner prays that he may be allowed to pay the balance decree amount in eight equal installments. 4. Even though the counsel for the respondent vehemently opposed, I think the prayer is just and reasonable considering the facts and circumstances in the case. Therefore, the petitioner is allowed to pay the balance decree amount in eight equal monthly installments, the first of which shall be paid on or before the 30th of April and the balance installments on or before 30th of every succeeding month. If any of the installments is defaulted, decree holder is entitled to realise the entire amount in lumpsum. P. BHAVADASAN, JUDGE. Sou.