IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 7113 of 2009(O) ------------------------- AGAINST THE ORDER DATED 14/11/2008 IN EA.110/08 IN EP.68/07 IN OS.370/2000 of MUNSIF COURT, KANJIRAPPALLY .................... PETITIONER): JUDGMENT DEBTOR/DEFENDANT ---------------------------------------- MUHAMMED HAJEEB, S/O.HABEEB MUHAMMED, PARAPPALLYIL HOUSE, CHENAPPADY KARA, ERUMELY SOUTH VILLAGE. BY ADV. SRI.H.HAMZA ROWTHER SRI.V.K.PEERMOHAMED KHAN RESPONDENTS: DECREE HOLDERS/PLAINTIFFS ---------------------------------------- 1. T.J.PHILIP, (MANAGING PARTNER, PHILIP AUTO SALES, KOTTAYAM), THONAKKARA HOUSE, VADAVATHOOR, VIJAYAPURAM VILLAGE KOTTAYAM DISTRICT. 2. MOLLY PHILIP, W/O.JOSEPH, (PARTNER, PHILIP AUTO SALES, KOTTAYAM), THONAKKARA HOUSE, VADAVATHOOR, VIJAYAPURAM VILLAGE KOTTAYAM DISTRICT. ADV. SRI.C.HARINDRAMOHAN NAIR FOR R1-2 SRI.SERGI JOSEPH THOMAS FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.7113 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 5th October, 2009 JUDGMENT The Writ Petition is filed seeking the following reliefs: 1. To issue a direction to call for the records leading to the passing of Ext.P4 order and to quash the same. 2. To issue a direction directing the Munsiff's Court, Kanjirappally to consider the Exhibit P3 petition for grant of instalment to pay off decree debt, filed by the petitioner on merits and pass orders accordingly. 2. Petitioner is the judgment debtor in E.P.No.68 of 2007 in O.S.No.370 of 2000 on the file of the Munsiff Court, Kanjirappally. Petitioner had pleaded no means resisting the execution of the decree. The execution court, after enquiry, negatived the plea of no means canvassed by the judgment debtor. Impeaching the correctness of that order, the Writ Petition was filed seeking the aforementioned reliefs invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. Pursuant to the orders passed in the Writ Petition from time to time, the petitioner had deposited a sum of Rs.25,000/- in total WPC 7113/09 2 towards the decree debt. The balance amount on the decree inclusive of the principal amount and interest is approximately Rs.30,000/-. Counsel on both sides submitted that the judgment debtor can be allowed to discharge the outstanding decree debt in instalments. Having regard to the outstanding amount due towards the decree debt, the judgment debtor is allowed to pay the sum in ten instalments of Rs.3000/- each and thus discharge the decree debt. The first instalment of which shall be paid on or before 5th of November, 2009 and the rest of the instalments on every month thereafter before 5th. In case the 5th of the month happens to be a holiday, the instalment due shall be remitted or deposited on the next working day itself. Whatever be the amount outstanding after the 9th instalment, the entire balance sum to clear the decree debt shall be paid on the 10th instalment. In case default of one instalment is made by the judgment debtor, it is open to the decree holder to proceed for realisation of the entire outstanding amount due under the decree. The warrant issued against the judgment debtor is directed to be recalled and in the event of default of instalment, without any further enquiry, the court shall issue warrant and take appropriate steps for realisation of the balance decree debt. Subject to the above directions, the Writ Petition is disposed. srd S.S. SATHEESACHANDRAN, JUDGE WPC 7113/09 3