IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 2618 of 2008(J) ------------------------------------ (O.S.25/2005 OF SUB COURT, QUILANDY) .................... PETITIONERS: --------------------- 1. NARENDRAN ,S/O.DAMODARAN, TEACHER S.M.M.A.U.P.SCHOOL, SIVAPURAM, KARUMALA. 2. UNNIMADHAVAN,S/O. ACHUTHAN NAIR TEACHER,S.M.M.A.U.P.SCHOOL, SIVAPURAM, KARUMALA. BY ADV. SRI.A.V.M.SALAHUDIN, SRI.SURESH SIVAPURAM. RESPONDENT: ---------------------- STATE BANK OF TRAVANCORE BALUSSERY, PO. BALUSSERY,KOZHIKODE DISTRICT. BY ADV. SRI.R.S.KALKURA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2618/2008-J: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE APPLICATION, E.A. NO. 15/08 IN E.P. NO. 65/07 IN O.S. NO 25/05. EXT.P.2: COPY OF THE APPLICATION, E.A. NO. 16/08 IN E.P. NO.65/07 IN O.S. NO. 25/05. EXT.P.3: COPY OF THE ORDER DTD. 15/01/2008 IN E.A. NO. 16/2008 IN E.P. NO. 65/2007 IN O.S. NO. 25/05. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 2618 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Koyilandy whereby the means was found in favour of the decree holder and arrest was ordered. The writ petitioners are school teachers and the learned counsel persuasively submits the intention of the judgment debtors to pay the amount provided some breathing time is given. This Court persuaded the counsel for the decree holder, though he had reservation about the way in which the matters have been proceeded with by the judgment debtors. I feel that an opportunity can be given to the judgment debtors to wipe off the liability in five monthly equal instalments. Therefore the writ petition is disposed of as follows. 2. The writ petitioners are directed to pay the amount due under the decree in five monthly equal W.P.C 2618 OF 2008 -:2:- instalments commencing from 24.3.2008 and on the 24th of the succeeding months till the the instalment is over. If the writ petitioners fail to deposit the first instalment in time or thereafter commit default of two consecutive instalments, the benefit conferred upon them will stand cancelled and the decree holder will be at liberty to proceed with the execution of warrant of arrest for detention of them in the civil prison. Since I have given some time for payment the order of arrest shall not be executed till a default is made. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-