IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 RP.No. 537 of 2010() IN CRP.NO.608 of 2010 -------------------- AGAINST THE JUDGEMENT/ORDER IN CRP.608/2009 Dated 10/02/2010 .................... REVIEW PETITIONER(S)/IST RESPONDENT: ------------------------------------ THE SECRETARY, PARAPPANANGADI CO-OP.SERVICE BANK LIMITED NO.F.2302, PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S)/PETITIONER & RESPONDENTS 2 & 3: --------------------------------------------- 1. NAMBANKUNNATH HAMZA, S/O.MOIDEENKUTTY HAJI, ULLANAM AMSOM DESOM, P.O.ULLANAM, TIRURANGADI TALUK. 2. KONDANATH MUBASHEER, S/O.UMMAR, ULLANAM AMSOM DESOM, P.O.ULLANAM. 3. KODANATHU AYOOB, S/O.MUHAMMED, ULLANAM AMSOM DESOM, P.O.ULLANAM. BY ADV.SRI.K.K.MOHAMMED RAVUF FOR R1 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 25/06/2010 ALONG WITH R.P.NO.538 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- R.P.NO.537 OF 2010 IN C.R.P.NO.608 OF 2009 & R.P.NO.538 OF 2010 IN C.R.P.NO.607 OF 2009 ----------------------------------- Dated this the 25th day of June, 2010 O R D E R The above revisions had been filed by two judgment debtors in two execution proceedings challenging the orders of the execution court negativing their plea of no means and directing issue of warrant against them. After hearing both sides, on the concessions made by the decree holders/respondents in the revisions, the revision petitioners in both the cases were allowed to discharge the decree debt in five equal monthly instalments at the rate of Rs.15,000/- each with some conditions. Now in the review petitions, the decree holder/respondent submit that the entire amount covered by the decrees will not be discharged by the period of instalments fixed. A modification of the number of instalments provided is requested for by the decree holder. It is submitted that the decree sum due, covered by both the proceedings, would come R.P.537/10 IN C.R.P.608/09 & 2 R.P.538/10 IN C.R.P.607/09 to Rs.1 lakh, which is not disputed by the respondents (revision petitioners). I make it clear that the number of instalments provided as five shall stand modified to the effect that the revision petitioners shall continuously pay Rs.15,000/- every month till the entire decree debts are discharged. In the last instalment, the sum, even if it is below Rs.15,000/-, will not be of any consequence, in case it is found to be so. Both the review petitions are disposed of subject to the above clarification. S.S.SATHEESACHANDRAN JUDGE prp R.P.537/10 IN C.R.P.608/09 & 3 R.P.538/10 IN C.R.P.607/09