IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 CRP.No. 256 of 2008() --------------------- AGAINST THE ORDER DATED 29/01/2008 IN EP.195/2006 IN OS.2896/1998 of II ADDL.MUNSIFF COURT,THRISSUR .................... REVN. PETITIONER: JUDGMENT DEBTOR ----------------------------------------------------------- DR.P.V.SURESH, S/O VASUDEVEN, PALAKKAL HOUSE, NEAREST KUTTUR NEITHALAKKAVU KSHETHRAM, THRISSUR DISTRICT. BY ADV. SRI.N.K.SUBRAMANIAN SRI.S.ANANTHAKRISHNAN RESPONDENTS: DECREE HOLDER ---------------------------------------------- CLASSIC FINANCE & KURIES {P] LTD., THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- C.R.P.No.256 of 2008 ------------------------------------------- Dated this the 17th day of March, 2008 ORDER This revision petition is preferred against the order in E.P.No.195/06 in O.S.No.2896/98 whereby the court has ordered arrest of the judgment debtor. 2. The judgment debtor, against whom proceedings are initiated, is an orthopedic surgeon in the Government Hospital. The learned counsel had produced the salary certificate where the total emoluments drawn by him is Rs.17,343/- and there is a deduction of Rs.9,030/- leaving a carry home salary of Rs.8,330/-. It is submitted that there are so many other payments as well. This is also one of the payment which he is expected to make. Therefore after availing the facility, contending that he is a surety, and that he cannot be proceeded against for arrest and detention, cannot be sustained. When money is borrowed, it is expected to be repaid and the decree holder is knocking at the door of the court for almost a decade without any relief. 3. I am not inclined to interfere with the finding rendered by the learned Munsiff. But being a Government CRP 256/08 2 servant, who is holding the post of a doctor in a Government Hospital, I am inclined to grant him some time to raise money and repay the loan and therefore, the C.R.P. is disposed of as follows. (i) the finding on means is confirmed. The civil revision petitioner is directed to pay the decree amount in six monthly equal instalments. The first instalment to commence on 11.4.2008 and subsequent instalments to commence from the 18th of the other months. (ii) If there is a default of the initial payment or subsequent two consecutive instalments, thereafter he will loose the benefit conferred on him. (iii) in the light of the facility provided to him, the court below is directed not to proceed with the execution of warrant unless a default as mentioned above is made. M.N.KRISHNAN, JUDGE csl