IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 OP(C).No. 3782 of 2011(O) ------------------------- EP NO.81/2011 IN OS.61/2003 of MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER(S): -------------------- 1. SUDHA RAJAN,W/O.RAJAN K, AGED 40 YEARS, VASANTHA MANDIRAM, KULANGARA BHAGOM MURI, CHAVARA VILLAGE, KOLLAM DIST 2. RAJAN K,AGED 40 YEARS, S/O.KUNJURAMAN NAIR, VASANTHA MANDIRAM, KULANGARA BHAGOM MURI, CHAVARA VILLAGE, KOLLAM DIST BY ADV. SRI.P.V.DILEEP RESPONDENT(S): --------------- MUKUNDAN.S,AGED 45 YEARS,., S/O.SAHADEVAN,KOTTAKKAKATHU THEKKETHIL, NEERAVIL MURI, THRIKKADAVOOR VILLAGE, KOLLAM TALUK, KOLLAM DIST-691001 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.3782/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1A & B:- A TRUE COPY OF JUDGMENT AND DECREEIN OS.61/2003 ON THE FILE OF THE HONORABLE MUNSIFF'S COURT, KARUNAGAPPALLY. EXT.P2:- A TRUE COPY OF THE EP.81/2011 IN OS.61/2003 ON THE FILE OF THE HONORABLE MUNSIFF'S COURT, KARUNAGAPPALLY. EXT.P3:- A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN EP 81/2011 IN OS 61/2003 ON THE FILE OF THE HON'BLE MUNSIFF'S COURT, KARUNAGAPPALLY. EXT.P4:- A TRUE COPY OF THE ORDER DTD 2/11/2011 IN EP.81/2011 IN OS.61/2003 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3782 of 2011 ==================================== Dated this the 21st day of November, 2011 J U D G M E N T Petitioners are judgment debtors in E.P. No.81 of 2011 in O.S. No.61 of 2003 of the court of learned Munsiff, Karunagappally. Respondent obtained a decree against petitioners for recovery of money on 29.01.2003 and as there was no satisfaction of the decree, filed E.P. No.81 on 05.06.2011 for recovery of Rs.1,28,724/- with interest and cost. Respondent applied for the issue of warrant to the second petitioner. Petitioners preferred Ext.P3, objection but without mentioning anything about means of the second petitioner. There was however, a request to allow payment of the amount in installments at the rate of Rs.3,000/- per month. Learned Munsiff passed Ext.P4, order on 02.11.2001 holding that there is no plea of no means raised by the second petitioner and ordered warrant of arrest. That order is under challenge. It is contended by learned counsel that the order is not sustainable. But having regard to the circumstances I do not find reason to interfere with the order. O.P(C) No.3782 of 2011 -: 2 :- 2. Next request is for installment facility. I must remember that the decree was passed on 29.01.2003 and even after 8½ years, the decree stands not satisfied. Hence the request for installment facility cannot be entertained. However, I am inclined to grant one month's time to the second respondent for payment of the entire amount, but subject to conditions. Original Petition is disposed of as follows: (a) Second respondent is granted a month's time from this day for payment of the entire amount due. (b) It is directed that warrant of arrest issued to the second petitioner will stand in abeyance during the said period of one month subject to the condition that second petitioner pays/deposits in the executing court for payment to the respondent Rs.35,000/- (Rupees Thirty five thousand only) within two weeks from this day and the balance amount is paid within one month from this day. (c) In case any of the the above condition is not complied O.P(C) No.3782 of 2011 -: 3 :- or the entire amount is not paid within one month from this day, it will be open to the executing court to proceed with execution pursuant to Ext.P4, without any further enquiry regarding means of the second petitioner. THOMAS P. JOSEPH, JUDGE. vsv