IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No.30860 of 2008 (W) ---------------------------------- AGAINST THE ORDER EA.84/07 IN EP.44/06 IN O.S.198/05 OF MUN-MAGI COURT, SASTHAMCOTTA .................... PETITIONER: --------------- BIJU CHETTIYAR, S/O.KOCHUKUNJU CHETTIYAR PARANKIMAMVILAYIL THEKKATHIL, ANAYADI MURI, SOORANAD NORTH VILLAGE, KUNNATHUR TALUK. BY ADV. SRI.K.V.ANIL KUMAR SRI.P.V.DILEEP RESPONDENT: ---------------- SATHEESAN, SATHEESH BHAVANAM, ANAYADI MURI, SOORANAD NORTH VILLAGE, KUNNATHUR TALUK. ADV. SRI.VINOY VARGHESE KALLUMOOTTILL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.30860 of 2008 (W) APPPENDIX PETITIONER'S EXTS:- EXT.P1:- A TRUE COPY E.P.44/06 IN O.S.198/05 ON THE FILE OF THE HON. MUNSIFF'S COURT, SASTHAMCOTTA. EXT.P2:- A TRUE COPY OF THE LETTER NO.S7-03-2008 DT.17/10/08 ISSUED FROM SOORANAD NORTH GRAMAPANCHAYATH. EXT.P3:- A TRUE COPY OF THE ORDER DATED 04/12/2007 IN E.A.84/07 IN E.P.44/06 IN O.S.198/05 ON THE FILE OF THE HON. MUNSIFF'S COURT, SASTHAMCOTTA. EXT.P4:- A TRUE COPY ORDER 21 RULE 66 OF CPC NOTICE DATED 25/09/08. // TRUE COPY// P.A TO JUDGE K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.30860 of 2008 ------------------------------------------------ Dated this the 12th day of November, 2008 JUDGMENT Though the amount has not been deposited in compliance with the order dt.20/10/08, the amount of Rs.10,000/- has been paid towards decree debt to the counsel for the respondent/ decree holder and he has received it today. Hence, that is accepted as sufficient compliance with the order dt.20/10/08. 2. Counsel for the petitioner submits that the petitioner/judgment debtor is prepared to pay the balance amount in instalments. Counsel for the respondent/decree holder also is agreeable to that course. 3. In the result, I dispose of this Writ Petition allowing the petitioner/judgment debtor to discharge the balance debt in monthly instalments of Rs.3,000/- beginning with the 5th day of December, 2008. In case of W. P. C. No.30860 of 2008 -2- failure in payment of any two consecutive monthly instalments, the respondent/decree holder shall be entitled to proceed with the execution for realisation of the entire balance debt. K.P.BALACHANDRAN, JUDGE kns/-