IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 CRP.No. 326 of 2009() ------------------------------ E.P. 322/2007 IN OS.141/2001 of PRL.MUNSIFF COURT.KOZHIKODE-I .................... REVN. PETITIONER(S): EXECUTION PETITIONERS/DECREE HOLDERS ----------------------------------- 1. ABDUL KAREEM, S/O.ABDU RAHIMAN, AGED 51 YEARS, TRADER, RESIDING IN PALERI HOUSE, KANNUMAKKARA AMSOM, NELLACHERI DESOM, KOZHIKODE. 2. SUHARA, W/O.ABDUL KAREEM, AGED 41 YEARS, RESIDING IN PALERI HOUSE, KANNUMAKKARA AMSOM, NELLACHERI DESOM, KOZHIKODE. BY ADV. MR.K.M.FIROZ RESPONDENT(S): RESPONDENT/JUDGEMENT DEBTOR ---------------------------- V.ANILKUMAR, S/O.VALAPPIL CHATHUKUTTY, AGED 37 YEARS, KANNAMKULAM AMSOM AND CHELANNOOR DESOM, KOZHIKODE, NOW R/AT KASABA AMSOM AND DESOM KOZHIKODE TALUK & NOW HAVING HIS PLACE OF BUSINESS AS CHAIRMAN & MANAGING TRUSTEE, SREE ANJANEYA MEDICAL TRUST, KANCHAS COMPLEX, OPP.INDOORSTADIUM R1 BY ADV. MR.JOSEPH SEBASTIAN PURAYIDAM THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- C.R.P No.326 OF 2009 -------------------------- Dated this the 17th day of August 2009 ------------------------------------- O R D E R Revision is filed against the order passed by the learned Principal Munsiff - I, Kozhicode in E.P No. 322 of 2007 in O.S No. 141 of 2001 closing an execution petition directing the judgment debtor /respondent to pay Rs. 15,000/- per mensum without any default. Decree holder has filed this revision challenging the propriety and correctness of that order. 2. Notice being given, the respondent / judgment debtor has entered appearance. I heard the counsel on both sides. Needless to point out the execution court cannot pass an order directing payment of decree debt in instalment unless it is provided in the decree or consented to by the decree holder. On that solitary ground itself the C.R.P No.326 OF 2009 Page numbers order passed by the court below is liable to be set aside. Learned counsel for the respondent / judgment debtor submitted that he is prepared to furnish security for the decree debt and a direction may be issued to the execution court allowing him to pay the decree debt in instalments on furnishing of security. In case the judgment debtor furnish security for the decree debt, the decree holder is amenable for discharge of the debt by way of reasonable instalments, submits the counsel for the petitioner / decree holder. Anyhow that question has to be considered not by this court, but, by the execution court. I direct the execution court to consider that question as well in case the judgment debtor seeks payment by instalments on furnishing security for decree debt and it is consented to by the decree holder. The order challenged in the revision is set aside and C.R.P No.326 OF 2009 Page numbers the parties are directed to appear before the execution court on 22/09/2009. Subject to the above observations the revision is disposed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv