IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 OP(C).No. 2736 of 2011(O) ------------------------- EP.8/2011 of MUNSIFF COURT, KOLLAM IN OS.383/2002 of MUNSIFF COURT, MAVELIKKARA .................... PETITIONER(S): ------------------------------ VISWANATHA PILLAI, S/O.MADHAVAN NAIR, KELIKAPURATHU JAYA BHAVAN, CHAVARA VILLAGE, NOW RESIDING AT SOUTHERN RAILWAY QUARTERS NO.46-A, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SMT.P.S.PREETHA SRI.SAIJU S. SRI.T.PRASAD RESPONDENT(S): --------------- SATHIYAMMA, D/O.RAJAMMA, THANUVELIL, PONAKAM MURI, MAVELIKKARA FROM AAYIRATHIL THEKKATHIL, PUTHUPPALLY MURI, KAYAMKULAM VILLAGE, PIN -690101. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2736/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE EP NO.8/2011 DATED 12.01.2001 FILED BY THE RESPONDENT BEFORE THE MUNSIFF COURT, KOLLAM EXT.P2 TRUE COPY OF THE APPLICATION UNDER ORDER XXI RULE 37 OF THE CPC FILED BY THE RESPONDENT BEFORE THE MUNSIFF COURT, KOLLAM EXT.P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER THROUGH HIS COUNSEL BEFORE THE MUNSIFF COURT, KOLLAM EXT.P4 TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE RESPONDENT BEFORE THE MUNSIFF COURT, KOLLAM EXT.P5 TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, KOLLAM EXT.P6 TRUE COPY OF THE SALARY CERTIFICATE OF THE PETITIONER FOR THE MONTH OF MARCH 2011 ISSUED FROM THE SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION EXT.P7 TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE MEDICAL BOARD DISTRICT HOSPITAL, KOLLAM EXT.P8 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF RS.2,000/- DATED 1.8.2011 EXT.P9 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF RS.2,000/- DATED 4.8.2011 EXT.P10 TRUE COPY OF THE APPLICATION DATED 10.08.2011 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, KOLLAM. //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2736 of 2011 -------------------------------------- Dated this the 22nd day of August, 2011. JUDGMENT Judgment debtor in E.P.No.8 of 2011 of the court of learned Munsiff, Kollam (arising from O.S.No.383 of 2002 of the court of learned Munsiff, Mavelikkara) is the petitioner, challenging the order dated August 10, 2011 issuing warrant of arrest to the petitioner. It is contended by learned counsel that petitioner, as revealed by Ext.P7, certificate is physically disabled to the extent of 40% and that even Ext.P6, salary certificate would show that out of the salary of `20,620/-, the net pay is only `13,654/-. From the said amount, petitioner is making certain payments to some other creditors also, it is contended by learned counsel. In the circumstances finding regarding means of the petitioner cannot be sustained, it is argued. 2. It is not disputed, assuming that petitioner is physically disabled as stated in Ext.P7 that he is working in the Southern Railway and his gross salary is `20,620/- per month. That, there are some deductions from the said salary is not by itself sufficient to show that petitioner has no means. It is also no defence to say that he has other creditors. Having gone through Exts.P6 and P7 and the order under challenge and considering the argument of learned counsel I do not find reason to interfere. In spite of that petitioner has to pay the amount. OP(C) No.2736/2011 2 3. Learned counsel has requested, alternatively that petitioner may be permitted to pay the amount in installments. That certainly is a request to be made before the executing court. Having regard to the circumstances stated, I am inclined to permit petitioner to seek installment facility in the executing court. Resultantly this Original Petition is dismissed. But petitioner is permitted to urge his request for installment facility in the executing court. For the said purpose, warrant of arrest issued to the petitioner will stand in abeyance for a period of one month from this day subject to the condition that petitioner paid/deposited in the executing court for payment to the respondent `7,500/- (Rupees Seven thousand and five hundred only) within a period of three weeks from this day. If the request for installment facility is made before the executing court (learned Munsiff, Kollam) that court shall consider the request and pass appropriate orders after hearing counsel for respondent also. THOMAS P.JOSEPH, Judge. cks