IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 CRP.No. 1136 of 2005() ---------------------- AGAINST THE ORDER DATED 07/11/2005 IN EP 2/05 IN OS.223/2003 of II ADDL.SUB COURT,THRISSUR .................... REVN. PETITIONER/RESPONDENT/JUDGMENT DEBTOR: ------------------ K.N. BHASKARAN UNNI, S/O. V. NARAYANAN NAMBOODIRI, AGED 55, DOCTOR, ARTHAT, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT/PETITIONER/ DECREE HOLDER: --------------------------- C.T. VINOD, S/O. K. BALAKRISHNAN, EMPLOYED AT SHARJAH, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER C.T. SAJITH, S/O. K. BALAKRISHNAN, ADVOCATE, SREERAM NIVAS, THIRUVANGAD AMSOM DESOM, THALASSERY TALUK. BY ADV. SRI.V.RAJAGOPAL THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A. NO.3204 OF 2005 IN C.R.P.NO.1136 OF 20054 DISMISSED 4/1/2008 Sd/-(HARUN-UL-RASHID, JUDGE) HARUN-UL-RASHID, J. ---------------------------------------- C.R.P. NO. 1136 OF 2005 ---------------------------------------- Dated this the 4th day of January, 2008 O R D E R The judgment debtor in E.P.No.2 of 2005 in O.S. No.223 of 2003 on the file of the Second Additional Sub Court, Thrissur is the revision petitioner. The revision is filed challenging the order passed by the execution court ordering issuance of warrant for detention of the judgment debtor in civil prison for realising the decree amount. 2. The respondent/decree holder obtained a money decree on 7.4.2004 in O.S. No.223 of 2003. Execution petition was filed in 2005 for realising the decree amount of Rs.7,44,762/-. According to the decree holder, the revision petitioner has sufficient means to pay off the decree amount, but he has wilfully abstained from paying the amount. Hence, he sought for issuance of a warrant for detention of the judgment debtor in civil prison. The court below after examining the oral evidence of PW.1 and RW.1 and Exts.B1 to B8 came to the conclusion that the respondent/judgment debtor, a doctor by profession, was financially sound C.R.P.NO.1136/2005 2 and he had wilfully abstained from paying off the decree debt. The court below also concluded that the judgment debtor has sufficient income and that refusal to pay the amount was deliberate. I do not find any reason to interfere with the finding entered by the court below. 3. During the course of argument, learned counsel appearing for the revision petitioner submitted that the revision petitioner suffered heavy loss in the administration of the hospital and, therefore, his present financial position is very precarious for making the payment immediately. Counsel also submitted that the revision petitioner is prepared to pay the entire amount within six months from today. 4. In the light of the submission made by the learned counsel appearing for the revision petitioner, I am of the view that an opportunity can be given to the revision petitioner to pay off the decree amount within a period of six months from today and that the impugned order can be kept in abeyance till such time. The undertaking of the revision petitioner is recorded. The impugned order is kept in abeyance for a period of six months from today on condition that the revision petitioner pays an amount of Rs.1,00,000/- within a period of one month from today and the balance amount due under the decree shall be paid within five months C.R.P.NO.1136/2005 3 thereafter. The Civil Revision Petition is disposed of as above. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P.NO.1136/2005 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. C.R.P.NO1136/2005 O R D E R 4TH JANUARY, 2008