IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 28547 of 2008(W) --------------------------------- AGAINST THE ORDER DATED 30.07.2008 IN EP 53O/2007 IN OS.1690/1997 of I ADDITIONAL MUNSIFF'S COURT, TRIVANDRUM .................... PETITIONER: --------------- S.GOPI, S/O SANKARADAS CHETTIAR, TELUNGU CHETTY STREET, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN RESPONDENT: --------------- KARNATAKA BANK LTD., THAKARAPARAMBU BRANCH, TIRUVANANTHAPURAM, REP. BY ITS BRANCH MANAGER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 28547 of 2008 ========================== Dated this the 26th day of September, 2008. JUDGMENT The petitioner is the first defendant/first judgment debtor in O.S. No. 1690/1997 on the file of I Additional Munsiff's Court, Thiruvananthapuram. Four of the earlier execution petitions filed by the decree holder Karnataka Bank were dismissed holding that the petitioner has no means. In the 5th E.P namely E.P. No. 530/2007 filed by the bank the decree holder adduced evidence to show that the petitioner has the means to pay the decree debt and accordingly as per Ext.P7 order dated 30.07.2008, the Executing Court has ordered issue of arrest warrant against the petitioner. The amount shown in the E.P is Rs.43,657/-. 2. Even though the learned counsel appearing for the petitioner assailed the findings of the courts below on various grounds, I am not inclined to accede to the prayer of the petitioner to give him one more opportunity to rebut the evidence adduced by the decree holder. I am, however, inclined to consider favourably the request made by the petitioner to seek W.P.(C) NO. 28547/2008 : 2: instalment facility before the executing court. Accordingly, in case the petitioner files an application in that behalf within 10 days from today, that court shall consider the request of the petitioner for instalment facility to liquidate the amount due under the E.P after hearing both sides. The financial condition (not the means to pay the decree debt in question) of the petitioner shall also be taken into account while considering the said petition. In case the petitioner complies with the above direction, Ext.P7 order dated 30.07.2008 passed in E.P. No. 530 of 2007 shall be kept in abeyance till the disposal of the said petition and subject to the directions contained therein. This writ petition is disposed of as above. Dated this the 26th day of September, 2008. V. RAMKUMAR, JUDGE. rv W.P.(C) NO. 28547/2008 : 3: W.P.(C) NO. 28547/2008 : 4: