IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No.29868 of 2008 (E) ---------------------------------- AGAINST THE ORDER IN EA.897/08 IN EP.631/05 IN OS.2032/2003 of PRL.SUB COURT,IRINJALAKUDA .................... PETITIONER/2ND JUDGMENT DEBTOR: --------------------------------------------- PAUL, S/O THAIVALAPPIL KUNJAVARA, KOTTENELLUR VILLAGE & DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.T.N.MANOJ RESPONDENT/DECREE HOLDER: -------------------------------------- AMPUCHIYA CHITTIES AND FINANCIERS (P) LTD. IRINJALAKUDA. ADV. SRI.K.JAYAKUMAR FOR R1 SRI.P.B.KRISHNAN FOR R1 SRI.N.AJITH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.29868 of 2008 (E) APPENDIX PETITIONER'S EXTS:- EXT.P1:- TRUE COPY OF E.A.897/08 FILED BY THE PETITIONER. EXT.P2:- TRUE COPY OF THE ORDER IN E.A.897/08 OF THE MUNSIFF COURT, IRINJALAKUDA. ............. K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.29868 of 2008 ------------------------------------------------ Dated this the 9th day of January, 2009 JUDGMENT Heard counsel on both sides. 2. Counsel for the petitioner submits that over and above Rs.15,000/- already paid pursuant to order of this Court dt.22/10/08, a further amount of Rs.10,000/- also can be paid positively on or before 09/02/09 and that the balance will be just above Rs.22,000/- after making payment of Rs.10,000/- also and that the said balance may be allowed to be discharged in monthly instalments of Rs.4,000/- beginning with 9th of March, 2009. Counsel for the respondent/decree holder is also agreeable to that course. 3. In the result, I allow the balance debt to be discharged accordingly. All such monthly instalments shall be paid on or before the 9th of every calendar month. In case of W. P. C. No.29868 of 2008 -2- failure to pay/deposit the said amount on or before 9th of each calendar month till the debt is discharged, the entire balance amount shall become payable forthwith and the decree holder shall be at liberty to proceed for realisation of the entire amount in lump by personal execution as against the petitioner/2nd judgment debtor as I have not interfered with the finding of the court below that the petitioner/second judgment debtor is a man of means and is able to discharge the debt. 4. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-