IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 OP(C).No. 2200 of 2011(O) ------------------------- AGAINST THE ORDER IN EP.283/2009 IN OS.50/1999 of SUB COURT, CHERTHALA .................... PETITIONER(S): JUDGMENT DEBTOR: ---------------------------------------------------------- P.JANEESH, S/O. PURUSHOTHAMAN, MADAPOOLAYIL, PATTANAKKADU PANCHAYATH, WARD NO.6, PATTANAKADU VILLAGE, CHERTHALA TALUK,ALAPPUZHA DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): DECREE HOLDER: -------------------------------------------------------- V.P.SURESH BABU, S/O.PADMANABHAN, VELAMPARAMBIL, PATTANAKKADU PANCHAYATH, WARD NO.7, PATTANAKKADU VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP(C) NO.2200/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF EP.NO.283/09 IN O.S.NO.50/99 ON THE FILE OF THE SUBORDINATE JUDGE, CHERTHALA DTD. 19/10/2009. P2: COPY OF E.A.424/2010 IN E.P.283/2009 IN O.S.50/1999 FILED BY THE PETITIONER DTD. NIL. P3: COPY OF THE ORDER DTD. 06/12/2010 IN E.P.NO.253/09 IN O.S.NO.50/1999 OF THE SUBORDINATE JUDGE, CHERTHALA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2200 of 2011 ==================================== Dated this the 11th day of July, 2011 J U D G M E N T Petitioner is the judgment debtor in E.P. No.283 of 2009 in O.S. No.50 of 1999 of the court of learned Sub Judge, Cherthala. Learned Sub Judge passed a decree for recovery of money from petitioner. Respondent put that decree in execution and sought personal execution against petitioner. Since petitioner did not file any counter affidavit controverting the statement of respondent regarding means of petitioner, executing court as per Ext.P3, order dated December 06, 2010 found means for petitioner and ordered warrant of arrest to be issued to him. Later, petitioner filed application to recall the warrant but that application was dismissed. Hence this Original Petition. 2. Though various contentions are raised in this Original Petition learned counsel has confined his submission to a request to permit petitioner to pay the decree amount in installments. Learned counsel submitted that petitioner is O.P(C) No.2200 of 2011 -: 2 :- indebted otherwise also and that he honestly wishes to discharge the liability. 3. The request for installment facility ought to be made in the executing court where views of respondent also is to be taken into account. Hence that request cannot be entertained in this Petition. But I am inclined to permit petitioner urge that request before the executing court and grant some time for the purpose but subject to conditions. Original Petition is disposed of in the following lines: (a) It is directed that warrant of arrest issued to the petitioner, in E.P. No.283 of 2009 in O.S. No.50 of 1999 of the court of learned Sub Judge, Cherthala will stand in abeyance for a period of one month from this day on condition that petitioner deposited in the executing court `35,000/- (Rupees Thirty five thousand only) for payment to the respondent within three weeks from this day. O.P(C) No.2200 of 2011 -: 3 :- (b) Petitioner is permitted to make a request in the executing court for payment of the balance amount due as per the decree in installment. (c) If any such request is made the executing court shall pass appropriate orders on the said request after hearing the respondent also. THOMAS P. JOSEPH, JUDGE. vsv