IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 CRP.No. 694 of 2005() --------------------- AGAINST THE ORDER IN EP 5/2004. IN OS.25/2002 of PRINCIPAL MUNSIFF, CHERTHALA .................... REVN. PETITIONER: JUDGMENT DEBTOR/DEFENDANT. -------------------------------------------- K.DIVAKARAN ALIAS MANI, MACHANTHARAYIL, VADAKKUM MURI, CHERTHALA NORTH VILLAGE, CHERTHALA. BY ADV. SRI.J.OM PRAKASH RESPONDENT: DECREE HOLDER/PLAINTIFF. ------------------------------------- V.G.DHANAPALAN, DHANYA, VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE, CHERTHALA P.O. BY ADV. SRI.G.GOPAKUMAR (CHERTHALA) THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A. NO.1914 OF 2005 IN C.R.P. NO. 694 OF 2005. DISMISSED 14.2.2008 Sd/-(HARUN-UL-RASHID, JUDGE) HARUN-UL-RASHID, J. ------------------------------------------- C.R.P. NO. 694 OF 2005 ------------------------------------------- Dated this the 14th day of February, 2008 O R D E R This Civil Revision Petition is filed by the judgment debtor in E.P. No.5 of 2004 in O.S. No.25 of 2002 on the file of the Principal Munsiff's Court, Cherthala. The execution petition was disposed of by the court below finding that the decree-holder succeeded in proving the means of the judgment debtor. The court below after considering the oral evidence of PWs.1 and 2 as well as the documentary evidence and other circumstances came to the conclusion that the judgment debtor has sufficient means to pay off the debt. Accordingly, the court below ordered to issue warrant to the judgment debtor. The revision is filed challenging the impugned order. 2. After hearing counsel on both sides and perusing the order under revision, I am of the view that the court below rightly held that the judgment debtor is a man of means and hence there is no scope for interfering with the impugned order. This Court by an interim order dated 9.9.2005 directed the revision petitioner to pay Rs.10,000/- within one month from the date of the order. It is reported that the said direction has not been complied with. C.R.P.NO.694/2005 2 3. Learned counsel appearing for the revision petitioner requested that the revision petitioner may be permitted to pay off the decree debt in instalments. The above request is not seriously opposed by the learned counsel for the respondent/decree-holder. In the circumstances, I direct the judgment debtor to pay off the decree debt in instalments as follows: The judgment debtor shall pay an amount of Rs.10,000/- to the decree- holder within one month from today and the balance amount shall be paid in four equal monthly instalments commencing from April, 2008. The instalments will be paid on or before the 5th of every month. The instalment for the month of May, 2008 shall be paid immediately a week after the re-opening of the Court. If the judgment debtor fails to comply with the above condition and commits default in payment of two consecutive instalments, the instalment facility shall stand automatically cancelled and the direction contained in the impugned order shall be carried out. The Civil Revision Petition is disposed of as above. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P.NO.694/2005 3 HAURN-UL-RASHID, J. C.R.P .NO.694/2005 O R D E R 14TH FEBRUARY, 2008