IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 29605 of 2008(Y) -------------------------- AGAINST THE ORDER IN EP.104/2002 IN OS.441/1999 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER(S): --------------- RAMAKRISHNAN, S/O.VELAYUDHAN, AGED 66 YEARS, MUTHUKKAD, CHITTOOR-PALAKKAD DIST. BY ADV. SRI.BINOY VASUDEVAN RESPONDENT(S): --------------- MANIKKAN, S/O.APPUKUTTI, MUTHUKKAD, PALAKKAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P.(C) NO. 29605 of 2008 * * * * * * * * * * * * * * * * * * Dated: 16th October 2008 JUDGMENT Petitioner who is the judgment debtor in a money suit filed as O.S. No. 441 of 1999 on the file of the Sub court, Palakkad, challenges Ext.P6 order issuing arrest warrant against him in E.P. 104 of 2002. 2. In the light of the earlier orders passed by the executing court as well as by this Court, I am not inclined to accept the petitioner's contention that the arrest warrant could not have been issued without finding that the petitioner had the means to pay the decree debt and had wilfully refused to pay the same. The petitioner has so far paid only a sum of Rs. 50,000/- pursuant to Ext.P5 judgment by this Court. The petitioner is, however, given an opportunity to clear off the decree debt on the following terms:- In case the petitioner deposits before the W.P. (C0 No. 29605 of 2008 -:2:- court below a further amount of Rs. 50,000/- within one month from today, that court shall consider the question of giving the benefit of installment to the petitioner for the balance amount after hearing the petitioner as well as the decree holder. 2. The warrant of arrest issued against the petitioner shall be kept in abeyance for a period of one month from today and it shall be subject to further orders which the executing court may pass after hearing both sides. This Writ Petition is disposed of as above. Dated this the 16th day of October 2008. Sd/- V. RAMKUMAR, (JUDGE) ani. /true copy/