IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 404 of 2008(W) ----------------------------------- AGAINST THE ORDER IN EA 154/2007 IN OS.195/2004 OF MUNSIFF COURT, OTTAPPALAM ............................................ PETITIONER: ------------------ T.A. AYOOB, S/O.LATE ABDUL REHIMAN, THERUVATHAKATHU VEEDU, KANJIRAKKADU POST, OTTAPALAM. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: ---------------------- M/S. SREELAKSHMI KURIES & LOANS(P) LTD., PALAKKAD, REP.BY ITS MANAGING DIRECTOR, P.V. SUDHAKARAN. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 404 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. J U D G M E N T This writ petition is preferred against the order of the Munsiff, Ottappalam in E.P.154/07 in O.S.195/04. By the said order the Court has ordered arrest of the judgment debtor. I had perused Ext.P2 objection wherein he has raised the plea of no means. But the learned counsel in fairness submits before me that he had offered to pay the amount when the matter came up for consideration before the Court below. It is submitted that he is not in a position to pay the entire amount in lump and therefore prays for some indulgence. It is also seen from the records that there is another execution petition pending in execution of another decree for sale of some of the properties. Therefore taking into consideration the totality I am inclined to grant some time and the writ petition is disposed of as follows. (1) The writ petitioner is directed to pay the decree amount in six monthly instalments commencing from 15.2.08. W.P.C 404 OF 2008 -:2:- (2) If there is default of the first instalment or two consecutive instalments thereafter the benefit granted to him will stand cancelled and the Court below can execute the warrant of arrest. (3) In the light of the fact that time is given the Court below is directed not to execute the warrant of arrest now. M.N. KRISHNAN, JUDGE. ul/-