IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 28496 of 2008(P) -------------------------------------------- EP.466/1995 IN OS.919/1992 of PRL. SUB COURT, ERNAKULAM .................... PETITIONER: C.T. CHUMMAR, S/O. LATE SHRI.C.P. HAVU, DOOR NO. 64/555, MATHAI KANJOORAN ROAD, NEAR HPC, KOCHI- 682 014. BY ADV. SRI.B.RAGUNATHAN SRI.V.V.MATHEW SRI.R.SRINATH RESPONDENT: INFANT JESUR CHURCH, BORADWAY, ERNAKULAM, KOCHI-682031, REP. BY ITS PARISH PRIEST NOW-IN-CHARGE REV. FR. JACOB BAIJU BEN. ADV. SRI.K.L.JOSEPH SMT.P.SAREENA GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.28496 of 2008 P -------------------------- JUDGMENT Counsel for the petitioner submits that balance amount of Rs.25,000/- from out of Rs.50,000/- ordered to be deposited vide order dated 24.9.2008 has been deposited before the execution court on 9.12.2008. Counsel for the respondent/decree holder submits that the respondent is agreeable to the balance debt being discharged by the petitioner/ judgment debtor by making monthly payments at the rate of Rs.10,000/- and that is agreed to by counsel for the petitioner/judgment debtor as well. Hence, I direct the petitioner/judgment debtor to discharge the balance decree debt by making monthly payments at the rate of Rs.10,000/- beginning with 15th day of January, 2009. All monthly payments have to be made on or before the 15th day of every calendar month till the debt is discharged. In the event of the petitioner committing default in payment of any two consecutive monthly instalments on the due dates, he shall forfeit the benefit to discharge the balance decree debt in instalments 2 and the decree holder shall be at liberty to have their remedies in execution from the stage at which it stands at present. This writ petition is disposed of with the above directions. 17th December, 2008 (K.P.Balachandran, Judge) tkv