IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 4TH JULY 2007 / 13TH ASHADHA 1929 WP(C).No. 22835 of 2006(R) -------------------------- AGAINST THE ORDER IN EP 53/2005 IN OS.721/2002 of MUNSIFF COURT, QUILANDY .................... PETITIONER: ------------ GEORGE, NISHA NIVAS, PANTHALAYANI, KOYILANDI,KOZHIKODE. BY ADV. SRI.B.V.JOY SANKER RESPONDENT: ------------- M/S. LAMINA SUSPENSION PRODUCTS LTD., 8TH FLOOR, RAM BHAVAN COMPLEX, KODIALBAIL,MANGALORE REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, K.VITTAL BHANDARI, NADUNGOTTUR AMSOM, DESOM, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.22835/06 APPENDIX PETITIONER'S EXTS: EXT.P1 – TRUE COPY OF EP AND PROCEEDINGS SHEET IN EP.53/05 IN O.S.721/02 OF MUNSIFF'S COURT, QUILANDY. /TRUE COPY/ PIUS C. KURIAKOSE, J. .......................................................... W.P.(C)No.22835 OF 2006 ........................................................... DATED THIS THE 4th JULY, 2007 J U D G M E N T The petitioner-judgment-debtor is aggrieved by the order of the execution court directing his arrest on the ground that on the day the order was passed he did not make any payment. Ext.P1 is the order sheet relating to the E.P. in question and Ext.P1 will show that the petitioner had been making part-payments towards the decree-debt. It was on 17.11.2005 that the impugned order directing arrest of the petitioner was issued by the execution court. True, that order is not preceded by any enquiry under Rule 40 of Order XXI C.P.C. and the means of the petitioner has been found solely relying on the affidavit submitted by the decree-holder. But, as rightly submitted by Mr.B.V.Joy Sankar, counsel for the petitioner the prayer in the Writ Petition is only that the petitioner be permitted to pay off the decree- debt in 15 equal monthly instalments. The balance amount, according to the counsel, will be around Rs.40,000/-. 2. Under these circumstances, I dispose of the Writ Petition issuing the following directions:- The execution court will verify whether the petitioner has complied with the condition imposed by this Court on 25.8.2006 that WP(C)N0.22835/06 -2- he shall pay a sum of Rs.5000/- on or before 25.10.2006. If on verification it is seen that the condition has been complied with, then the court below will hold up all further proceedings in execution, subject to the following further conditions:- The petitioner will pay every month commencing from 1st August, 2007 at the rate of Rs.4000/- to the decree-holder till such time as he discharges the decree-debt in full. Any two defaults in the matter of paying the instalments will result in the petitioner forfeiting the benefit of this judgment. Once the petitioner pays the instalments regularly and he becomes confident that the entire decree-debt is wiped off, it is open to him to file an application for recording full satisfaction. Upon receiving such application, the court below will hear both sides and take a decision. (PIUS C.KURIAKOSE, JUDGE) tgl WP(C)N0.22835/06 -3- WP(C)N0.22835/06 -4-