IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 27040 of 2009(O) -------------------------- OS.2385/1998 of II ADDL.MUNSIFF COURT, THRISSUR .................... PETITIONER: --------------- ROGEON, AGED 37, S/O. GEORGE PELLISSERY, AMMADAM POST, THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT: --------------- BRIGHT KURIES AND LOANS (P) LTD., COLLEGE ROAD, THRISSUR-680 001. ADV. SRI.K.A.SREEJITH SRI.JOS MECHERY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 27040/09) PETITIONER'S EXTS.: EXT.P1: TRUE COPY OF THE EXECUTION PETITION E.P.NO.221/06 IN O.S.NO.2385/98 ON THE FILE OF THE MUNSIFF COURT, THRISSUR DT. 2.2.06. EXT.P2: TRUE COPY OF THE ORDER PASSED BY THE 2ND ADDL. MUNSIFF COURT, THRISSUR IN E.P.NO.221/06 IN O.S.NO.2385 OF 1998 DT. 3.2.09. S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 27040 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 2nd December, 2009 JUDGMENT Petitioner is the judgment debtor in E.P.No.221 of 2006 in O.S.No.2385 of 1998 on the file of the II Additional Munsiff Court, Thrissur. Decree executed is one passed in a suit for money, and the respondent is the decree holder. Negativing the plea of no means canvassed by the petitioner/judgment debtor, the execution court ordered to issue warrant against him. P2 is the copy of that order. Propriety and correctness of that order is challenged in the writ petition. 2. I heard the counsel on both sides. At the time of hearing, learned counsel for the petitioner sought for indulgence of this court to pay the decree debt in instalments. Learned counsel for the respondent has no objection in providing an opportunity to the judgment debtor to discharge the decree debt in instalments, but, on fixing reasonable rate for such payment. It is reported that a sum of Rs.12,000/- towards the decree debt had been deposited by the judgment debtor. Balance outstanding amount under the decree, it is submitted by the petitioner, is approximately Rs.60,000/-. Petitioner W.P.C.No.27040/09 - 2 - is directed to pay a sum of Rs.15,000/- (Rs.Fifteen Thousand only) as the first instalment in the month of January, 2010 and thereafter a sum of Rs.10,000/- (Rs.Ten Thousand only) each in five monthly instalments towards the satisfaction of the decree debt in the succeeding months. Payment ordered as above shall be made on or before 10th of every month and in case 10th happen to be a holiday, on the next working day, by deposit before the execution court. In the event of default by the petitioner in payment of one instalment, it will be open to the decree holder to proceed for realisation of the entire outstanding balance decree amount in lump by executing the decree. Petitioner shall pay the last instalment whatever be amount outstanding under the decree irrespective of the rate fixed as above, and thus discharge the decree debt. P2 order shall stand set aside and the execution petition shall be closed. In the event of default of the petitioner/judgment debtor in remitting the instalments due, the execution petition shall be restored to file and the execution of the decree for realising the outstanding amount shall be proceeded in accordance with law. Writ Petition is disposed as indicated above. srd S.S. SATHEESACHANDRAN, JUDGE