IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 OP(C).No. 2306 of 2011(O) ------------------------- AGAINST THE ORDER IN E.P 16/2009 IN OS.343/2011 of MUNSIFF's COURT,ALUVA .................... PETITIONERS: ---------------------- 1. JOSE,AGED 62 YEARS,S/O.VAREED, ERALI HOUSE,KALADY KARA,KALADY VILLAGE, ALUVA. 2. RAZAK,AGED 40 YEARS,PARERY HOUSE, KALADY KARA-KALADY VILLGE,ALUVA. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM), SRI.PRASANTH M.P. RESPONDENT(S): ---------------------------- PERINGOTTUKARA NAMBOOTHIRI YOGAKSHEMA SABHA, KALADY REPRESENTED BY ITS SECRETARY, ANTHICAD-KALADY-683 574. BY ADVS. SRI.N.M.MADHU, SMT.C.DEVIKA RANI KAIMAL. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.2306/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PETITION DTD. 12/07/2011 FILED BY THE 1ST PETITIONER AS E.A.NO.66/2011 FOR REOPENING THE EVIDENCE. P2: COPY OF THE PETITION DTD. 12/07/2011 FILED BY THE 2ND PETITIONER AS E.A.NO.67/2011 FOR REOPENING THE EVIDENCE. P3: COPY OF THE PETITION DTD. 12/07/2011 FILED BY THE 1ST PETITIONER AS E.A.NO.65/2011 FOR ADVANCING THE HEARING OF THE CASE. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2306 of 2011 --------------------------------------- Dated this 22nd day of August, 2011 JUDGMENT Petitioners are judgment debtors in E.P.No.16 of 2009 in O.S.No.343 of 2001 of the Court of learned Munsiff, Aluva. They have suffered a decree for payment of money. In execution, respondent wanted personal execution against petitioners. According to the petitioners, on 03.06.2011 respondent filed proof affidavit but the deponent was not available for cross examination and the matter was taken up for orders on 04.07.2011. The executing court ordered warrant of arrest to the petitioners. 2. When the matter came up for hearing, learned counsel submitted that petitioners are prepared to pay the amount in ten installments. Respondent also is agreeable to give installment facility but requested that a shorter time may be granted for payment of the amount with interest. Having heard learned counsel on both sides and having regard to the difficulties stated by learned counsel I am inclined to grant facility to pay the amount due under the decree in ten (10) installments. O.P(C).No.2306 of 2011 -: 2 :- Resultantly this original petition is disposed of in the following lines: (i) Petitioner is permitted to pay the amount due under the decree in ten (10) equal monthly installments beginning from 01.10.2011 provided that by the last installment, the entire amount due is paid. (ii) The payment/deposit in executing court for such payment shall be made on or before the 5th of every month and in case that happens to be a holiday, payment/deposit shall be made on the next working day. (iii) In case there is default in payment of any two installment, it will be open to the executing court to proceed with execution pursuant to the finding regarding means without any further enquiry. (iv) Warrant of arrest issued to the petitioner will stand in abeyance for the said period of ten (10) months or till default as aforesaid is committed, whichever is earlier. (THOMAS P JOSEPH, JUDGE) Sbna/-