IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 18679 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 1035/2007 IN OS.3134/2002 of III ADDL. M.C.,THRISSUR .................... PETITIONER(S): ------------------------- 1. K.M.SHAJAHAN,KALLUPARAMBIL HOUSE, KURUPPAM ROAD,'KERALA FLOWER MART',THRISSUR TOWN, S/O.MEERA HUSSAIN,KALATHODE,RESIDING AT OLLUKARA. 2. R.P.ABDULKADAR,MUSLIAR,THRISSUR CHETTIANGADI MUSLIM PALLI,S/O.LATE PAPPA RAVUTHOR, RAJU HOUSE,SUBHASH NAGAR,CHIYYARAM. 3. R.P.A.MUTHALIF,S/O.LATE PAPPA RAVUTHOR, R.C.LANE VELIYANNUR,THRISSUR. BY ADV. MR.JIJO PAUL RESPONDENT(S): ---------------------------- PERINGOTTUKARA NAMBOODIRI YOGA KSHEMA SABHA,THRISSUR BRANCH, H.O.ANTHIKKAD, THRISSUR DISTRICT. BY ADVS. MR.N.M.MADHU, SMT.C.DEVIKA RANI KAIMAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18679/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXECUTION PETITION FILED BY THE RESPONDENT IN E.P.NO.1035/07 IN .S.NO.3134/02 BEFORE THE III ADDITIONAL MUNSIFF COURT, THRISSUR. P2: COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONERS HEREIN IN E.P.NO.1035/07 IN O.S.NO.3134/02 BEFORE THE III ADDITIONAL MUNSIFF COURT, THRISSUR. P3: COPY OF THE ORDER DTD. 18/11/2008 IN E.P.NO.1035/07 IN O.S.NO.3134/02 BEFORE THE III ADDITIONAL MUNSIFF COURT, THRISSUR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.18679 of 2009 - O --------------------------------- Dated this the 30th day of July, 2009 J U D G M E N T The writ petition is filed seeking the following reliefs: “i) To call for the originals of the records leading to Exhibit P3. ii) To a writ of certiorari or any other appropriate writ, order or direction quashing the originals of Exhibit P3”. 2. Petitioners are the judgment debtors in E.P.No.1035/2007 in O.S.No.3134/2002 on the file of the III Additional Munsiff Court, Thrissur. The decree executed against them was one for money. Overruling the objections raised by the petitioners challenging the executability of the decree, the execution court ordered for issue of warrant. At that stage, the present petition was filed before this Court seeking the aforementioned reliefs. 3. At the time of admitting the petition, petitioners had been directed to pay a sum of Rs.6,000/- each towards the decree debt payable. It is reported that the deposit has been W.P.(C).No.18679 of 2009 - O 2 made. Respondent has entered appearance. 4. I heard the learned counsel on both sides. 5. At the time of hearing, the learned counsel for the petitioner requested for reasonable instalment rate for discharging the decree debt. The learned counsel for the decree holder has no objection but, only that the amount fixed should be not less than rs.10,000/- for each of the judgment debtor. 6. Having regard to the submissions made and taking note of the capacity of the judgment debtors to pay Rs.10,000/- per month as sought for by the decree holder which according to the learned counsel for the judgment debtors they are incapable of, I find a reasonable sum of Rs.4,000/- per month by each of the judgment debtors would suffice the ends of justice. The judgment debtors shall remit the amount due as monthly instalment, as fixed above, on or before 7th of every month commencing from August, 2009 onwards and in case the 7th is not a working day, the remittance shall be made on the next working day of the court. If any remittance of instalment is not done within the date fixed above, even one default thereof, would W.P.(C).No.18679 of 2009 - O 3 revoke the relief given to them by the judgment of this Court for discharging the decree debt in instalments. In that event, the court below shall straight away issue warrant against the defaulting judgment debtor and proceed with further steps for executing the decree for realisation of the decree debt. Writ petition is disposed of as above. Hand over a copy of the judgment to the counsel on both sides on usual terms and transmit a copy to the court below. S.S.SATHEESACHANDRAN, JUDGE. bkn/-