IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(C).No. 21930 of 2009(O) -------------------------- AGAINST THE ORDER DATED 27/07/2009 IN E.A.NO.49/2009 IN E.P.49/2008 IN OS.106/2007 of MUNI-MAGI.COURT, PERAMBARA .................... PETITIONER(S): ----------------------- T.K.RAMESAN,S/O.BALAKRISHNAN VARIER, THAIKKANDY HOUSE,MENHANNIAM,PERAMBRA, PONDIKODE DESOM,KOZHIKODE DISTRICT. BY ADVS. MR.K.P.SUDHEER, SMT.P.JAYALAKSHMI. RESPONDENT(S): --------------------------- SOUTH MALABAR GRAMIN BANK, PERAMBRA BRANCH,REPRESENTED BY ITS MANAGER. BY ADV. MR.T.R.RAVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21930/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF EXECUTION PETITION NO.49/2008 DTD. 20/02/2008 FILED BY THE RESPONDENT IN O.S.NO.106/07 BEFORE THE MUNSIFF'S COURT, PERAMBRA. P2: COPY OF APPLICATION (EA.NO.49/2009) DTD. 24/07/2009 FILED BY THE PETITIONER IN E.P.NO.49/08 BEFORE THE MUNSIFF'S COURT, PERAMBRA. P3: COPY OF ORDER DTD. 27/07/2009 IN E.A.NO.49/2009 IN E.P.NO.49/08 IN O.S.NO.106/07 PASSED BY MUNSIFF'S COURT, PERAMBRA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.21930 OF 2009 (O) ----------------------------------- Dated this the 10th day of September, 2009 J U D G M E N T The writ petition is filed by the judgment debtor in E.P.No.49 of 2008 in O.S.No.106 of 2007 on the file of the Munsiff's Court, Perambra. The decree executed in the above suit is one for money. On default of the petitioner to discharge the decree debt, warrant was issued against the petitioner. He applied for payment of the decree debt in instalments and that being declined by the court below, he has filed this writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. I heard the counsel on both sides. After filing of the petition pursuant to orders passed by this Court, petitioner has deposited Rs.20,000/- towards the sum payable towards WPC.21930/09 2 the decree debt. It is submitted that earlier, the petitioner/judgment debtor had deposited Rs.16,000/-. Balance amount at present tentatively comes to Rs.84,000/-. The learned counsel for the petitioner urged for permitting him to discharge the decree debt in instalments. Having regard to the submissions made and taking note of the facts and circumstances presented, I find that some indulgence has to be shown to enable the petitioner to clear of the decree debt by payment in instalments. So much so, I direct the petitioner to deposit the outstanding decree debt in ten equal monthly instalments at the rate of Rs.8,000/- per month, commencing from October, 2010. The instalment payment fixed shall be made on or before fifth of every month, and if it happens to be a holiday, positively on the next working day. In the event of default of payment of even any one of the instalments, the decree holder will be entitled to proceed for realising the entire outstanding sum on the decree amount by taking appropriate proceedings as provided by law. After the ninth instalment, whatever balance amount outstanding on the decree debt shall be cleared off in the tenth instalment by the WPC.21930/09 3 judgment debtor. Subject to the above directions, the writ petition is disposed. S.S.SATHEESACHANDRAN JUDGE prp The word and figure “October, 2010” occurring in the 12th line of page 2 of the judgment dated 10/09/2009 in WP(C) 21930/2009 are corrected as “October, 2009” as per order dated 27/10/2009 in I.A.12837/2009 in WP(C) 21930/2009. Sd/- Registrar(Judicial)