IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).NO. 26129 OF 2010(O) ---------------------------------------- OS.376/2008 OF II ADDL.M.C.,NEYYATTINKARA .................... PETITIONER(S): -------------------- APPUKUTTAN, AGED 87 YEARS, S/O.SUKUMARAN, PUTHUVAL PUTHEN VEEDU, NADUVOORKOLLA DESOM, KOLLAYIL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENT(S): -------------------------- SUKUMARAN, S/O.SANKARAN NADAR, AGED 48 YEARS, MELEPUTHUVAL VEEDU, VALIYA KURACHAL, NADUVOORKOLLA DESOM, KOLLAYIL VILLAGE, NEYYATTINKARA TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.26129 ==================================== Dated this the 18th day of August, 2010 J U D G M E N T Petitioner obtained a decree for realisation of Rs.10,000/- with interest and costs from respondent on 08.11.2009. Petitioner filed E.P.No.186 of 2009 and sought personal execution against respondent. On 24.10.2009 there was an order for arrest and detention of respondent in civil prison but on 06.04.2010 as per Ext.P6, order executing court allowed respondent to pay the decree amount in installment at the rate of Rs.500/- per month. Petitioner is challenging that order. It is stated that petitioner is aged about 85 years and if installment at the rate of Rs.500/- per month is permitted he may not be able to enjoy the fruits of the decree. Learned counsel therefore sought interference with Ext.P6, order. But I find from the impugned order that installment facility was allowed as petitioner had not objected to the request of respondent. So far as that statement in Ext.P6 stands petitioner cannot challenge the said order on the ground that installments facility ought not have been allowed. Proper remedy for petitioner is to seek review of Ext.P6. W.P(C) No.26129 of 2010 -: 2 :- Hence without prejudice to the right of petitioner to seek review of Ext.P6, oder this Writ Petition is closed. THOMAS P. JOSEPH, JUDGE. vsv