IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 OP(C).No. 266 of 2010(O) ------------------------ EP NO.299/2010 IN OS.448/2004 of PRINCIPAL MUNSIFF COURT, PALAKKAD .................... PETITIONER (S): -------------------- 1. P.VISWANATHAN S/O. A.M.MENON, AGED 53 YEARS, PREMAVILLA, KAILAS NAGAR, KALPATHY AMSOM, DESOM PALAKKAD TALUK & DISTRICT, PIN 678 003 2. K.S.GANESAN, S/O K.P.SUBRAMANIAN AGED 53 YEARS, AKSHAYA KOLADIKALAM, EDATHARA, PALAKKAD 678 611 BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): --------------- SYNDICATE BANK REP BY ITS BRANCH MANAGER, MELAMMURY BRANCH PALAKKAD 678 002 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.266 of 2010 -------------------------------------- Dated this the 11th day of October, 2010. JUDGMENT Petitioners are judgment debtors in E.P.No.299 of 2010 in O.S.No.448 of 2004 of the court of learned Principal Munsiff, Palakkad. There is a money decree against them which has become final and is being executed in E.P.No.299 of 2010. Petitioners sought installment facility in the executing court which was not being agreeable to the respondent and hence was disallowed. Hence this petition. Learned counsel states that petitioners are in a very difficult financial condition and that they have also other liabilities to be discharged. Learned counsel requested for eight months' time to discharge the liability. 2. Request for installment facility cannot be allowed since it was rejected by the executing court on the face of objection raised by the respondent. However considering the circumstances stated I am inclined to grant three months' time from 11.11.2010 to discharge the liability under the decree subject to conditions. Resultantly this petition is disposed of in the following lines: Petitioners are granted three months' time from 11.11.2010 to discharge the liability under the decree subject to the following condition: OP(C)No.266/2010 2 i. Petitioners shall deposit in the executing court for payment to respondent at the rate of not less than Rs.7,000/- (Rupees Seven thousand only) per month from 11.11.2010 (deposit shall be on or before the 11th of each month) provided that by the last installment entire amount due under the decree is cleared. ii. In case the entire liability is not discharged within the said three months from 11.11.2010 or there is default in payment of any one installment it will be open to the respondent/decree holder to proceed with execution pursuant to Ext.P3, order notwithstanding the time granted hereby and without any further enquiry as to means. iii. Warrant of arrest issued against petitioners shall stand in abeyance during the said period of three months from 11.11.2010 or till default is committed by petitioners whichever is earlier. THOMAS P.JOSEPH, Judge. cks