IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 CRP.No. 138 of 2008() ----------------------------- (AGAINST THE ORDER IN E.P.1813/05 IN O.S.815/05 OF PRL. MUNSIFF'S COURT, IRINJALAKUDA.) REVN. PETITIONER: JUDGMENT DEBTOR: ----------------------------------------------- SHAJAHAN @ SHAJI, S/O.KARIPARAMBIL ABDUL KHADER, IRINJALAKUDA VILLAGE AND DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS: DECREE HOLDER: ----------------------------------------- 1. ANNAM, W/O.EDAPPILLY JOSEPH, IRINJALAKUDA DESAM, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK. 2. JOSE, S/O.EDAPPLLY JOSEPH, -DO-. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 138 OF 2008 = = = = = = = = = = = = = = = Dated this the 15th day of February, 2008. O R D E R This revision petition is preferred against the order of the Munsiff, Irinjalakuda in E.P.1813/05 in O.S.815/05. The Court below held that the judgment debtor is having sufficient means to pay and has neglected to pay and therefore ordered arrest. I had gone through the order of the learned Munsiff and the order is mainly based on so many conjectures and surmises. It is submitted that the judgment debtor is having fast food business and that he is having a Maruthi car and further he is conducting a real estate business. Absolutely there is no scrap of paper to prove any of these facts. The judgment debtor has mounted the box and had denied all the averments given by the plaintiffs. In such circumstances the Court should have been more guarded. I do not propose to confuse it further for the reason that the revision petitioner is prepared to pay the amount provided some breathing time is given to him for payment. Therefore I dispose of the C.R.P. as follows. CRP NO. 138 of 2008 -:2:- 2. The revision petitioner is directed to pay the decree debt in seven monthly equal instalments commencing from 17.3.2008. If he commits default of first instalment or thereafter any two consecutive instalments then he will loose the benefit granted to him by this order and the decree holder will be entitled to request the Court to issue arrest warrant for detention of him in civil prison. 3. Since I have given an opportunity for the revision petitioner to pay off the liability the warrant of arrest issued shall not be executed until a default is made. The C.R.P. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-