IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 OP(C).No. 2384 of 2011(O) -------------------------------------- EP. NO.10/2011 IN OS.23/2010 of SUB COURT, CHENGANNUR .................... PETITIONER/JUDGEMENT DEBTOR ----------------------------------------------- JAYACHANDRALAL C.V., AGED 44 YEARS, S/O.G.K.VELUTHA, NARODITHAZHE, PERINGILLIPURAM PO, ENNAKKAD VILLAGE. PROFESSIONAL ADDRESS: POPULAR PRINTERS & DTP CENTRE, MALAYILPARAMBIL BUILDING, OPPOSITE OF RDO OFFICE, CHENGANNUR. BY ADV. SMT.S.L.SYLAJA RESPONDENT(S): DECREE HOLDER ----------------------------------------------------- STATE BANK OF MYSORE, REPRESENTED BY THE BRANCH MANAGER, CHENGANNUR BRANCH, ALAPPUZHA DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OPC. NO.2384/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE EXECUTION PETITION NO.10/2011 IN OS. 23/2010 FILED BY THE RESPONDENT. P2:- COPY OF THE OBJECTION FILED BY THE PETITIONER IN EP. 10/2011 IN OS.23/2010 P3:- COPY OF THE ORDER IN EP. NO.10/2011 DT.D 4.7.2011 FROM THE SUB COURT, CHANGANNUR. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGEMENT tss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2384 of 2011 -------------------------------------- Dated this the 25th day of July, 2011. JUDGMENT Petitioner, judgment debtor in E.P.No.10 of 2011 in O.S.No.23 of 2010 of the court of learned Sub Judge, Chengannur challenges the warrant of arrest issued to hm as per Ext.P3, order on a finding that he, in spite of having sufficient means has not paid the amount due under the decree. 2. Learned counsel contends that there is no sufficient evidence to find means of petitioner and at any rate, petitioner was not given sufficient opportunity to adduce evidence. 3. As per the execution petition, `1,13,987/- with future interest and cost is due to the respondent. Respondent wanted personal execution and its representative filed affidavit swearing to the means of petitioner. The representative was examined as PW1. He stated that petitioner is conducting business earning `20,000/- per month. Petitioner did not adduce any contra evidence. Executing court has acted on the said evidence. There is nothing illegal in that. 4. The request for opportunity to contest the case cannot be allowed since going by Ext.P2, counter there is not even a proper denial of the statement in the affidavit of PW1 regarding means of petitioner. In the circumstances there is no reason to interfere with Ext.P3. 5. But having regard to the difficulties of petitioner stated by learned counsel I am inclined to grant some relief. It is open to the petitioner to request OP(C) No.2384/2011 2 the executing court permit him pay the amount in installments notwithstanding Ext.P3, order issued against him. To facilitate make such a request, I am inclined to grant some time but subject to conditions. Resultantly this Original Petition is disposed of in the following lines: i. Petitioner is permitted to request the executing court to permit him pay the amount in installments. If any such request is made, executing court shall decide that request after hearing counsel for respondent as well. ii. It is directed that execution of warrant of arrest against petitioner will stand in abeyance for a period of two months from this day or till the executing court decides on the request for installment facility made by the petitioner, whichever is earlier on condition that petitioner paid to the respondent/deposited in the executing court for payment to it `10,000/- (Rupees ten thousand only) within one month from this day and another sum of `10,000/- (Rupees ten thousand only) within two months from this day. iii. It is further directed that in case any of the above conditions is violated it is open to the executing court to proceed with personal execution against petitioner pursuant to Ext.P3, order without any further enquiry regarding means. THOMAS P.JOSEPH, Judge. cks