IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 CRP.No. 75 of 2008() -------------------- EP 201/05 IN OS.156/2001 of ADDL.SUB COURT, ALAPPUZHA .................... REVN. PETITIONER: JUDGMENT DEBTOR: ---------------------------------- JOSEPH K.THOMAS, S/O. THOMAS, LISSY GARDENS, (KALATHIL HOUSE), ERAVUKAD WARD, THIRUVAMPADY P.O., ALAPPUZHA. BY ADV. SRI.M.NARENDRA KUMAR SRI.R.SUDHIR RESPONDENT: DECREE HOLDER; --------------------------- ABDUL NIZZAR, MARHABA, VAZHICHERRY WARD, ALAPPUZHA. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/01/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA 226/08 IN CRP 75/08 DISMISSED 28.1.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 75 OF 2008 --------------------- Dated this the 28th day of January, 2008 ORDER This revision petition is preferred against the order of the Sub Judge, Alappuzha, in EP 201/05 in OS 156/01. The court below held that the judgment debtor is having sufficient means to pay the debt and ordered arrest. 2. It is the case of the decree holder that the judgment debtor was in Gulf countries and is residing in a Palacious Banglow and his children are studying for technical and other courses and is having sufficient sources for payment of the debt but intentionally evades payment. On the other hand, judgment debtor would contend that he has no wealth and he is a dependent on others and the house belongs to the wife and therefore. is not able to pay the decree debt. 3. I have perused the order and put across a question to the learned counsel and ultimately it is submitted that judgment debtor can be given some time to wipe off the liability. Therefore, I dispose of the writ petition as follows: C.R.P. NO.75/08 2 The writ petitioner is directed to pay the balance decree debt in six equal monthly instalments commencing from 1.3.2008. If he commits default of the first instalment and thereafter of two consecutive instalments, the decree holder will be at liberty to request the court to execute the warrant of arrest against the judgment debtor for realisation of the decree debt. Since I have given some time for the judgment debtor to wipe off the liability, the court below is directed not to execute the warrant of arrest until a default is committed by the writ petitioner. The civil revision petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps C.R.P. NO.75/08 3