IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 OP(C).NO. 2707 OF 2011(O) -------------------------------------- AGAINST THE ORDER DATED IN EP.220/2009 IN OS.33/2007 OF PRL.MUNSIFF COURT, CHERTHALA .................... PETITIONER: ------------------- BAIJU JOSEPH, S/O. JOSEPH,THARAYIL HOUSE,EZHUPUNNA VILLAGE, ERAMALLOOR KARA,CHERTHALA THALUK. BY ADV. SRI.T.JAYAKRISHNAN RESPONDENT(S): ------------------------- TOM EDWARD, S/O.EDWARD,BALUMMEL,KANNAMALY DESOM, KUMBALANGI VILLAGE,KOCHI THALUK, ERNAKULAM DISTRICT 682 008. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011 ALONG WITH O.P(C) NO.2708 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.2707 OF 2011 APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 A TRUE COPY OF THE EXECUTION PETITION BEARING NO.220 OF 2009 DATED 13.8.2009 IN O.S. NO.33 OF 2007. EXHIBIT P2 A TRUE COPY OF OBJECTION FILED ON 6.10.2009 BY THE PETITIONER IN E.P. NO.220 OF 2009. EXHIBIT P3 A TRUE COPY OF THE COMMON ORDER PASSED IN E.P. NO.220 OF 2009 & 221 OF 2009 IN O.S. NO.33 OF 2007 AND 39 OF 2007 IN THE FILES OF THE MUNSIFF'S COURT, CHERTHALA DATED 22.7.2001. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) Nos.2707 & 2708 of 2011 ==================================== Dated this the 16 day of August, 2011 J U D G M E N T These Original Petitions are in challenge of the common order dated July 22, 2011 in E.P. No.220 of 2009 in O.S. No.33 of 2007 and E.P. No.221 of 2009 in O.S. No.39 of 2007, respectively of the court of learned Munsiff, Cherthala. Respondent is executing a money decree he has obtained against the petitioner. In E.P. No.220 of 2009, I am told that `14,000/- is involved while in E.P. No.221 of 2009 the amount involved is around `1,00,000/-. Repelling the objection of petitioner, executing court found that petitioner, in spite of having sufficient means has refused to pay the amount due under the decrees. The said common order is under challenge in these Original Petitions. 2. Though it is contended that finding of the executing court is not correct, on going through the order impugned, I do not find reason to interfere. For, it is admitted by petitioner also that he was working as an agent for supplying fish waste beyond the State. Though petitioner has a case that he has stopped the said business no evidence to that effect was adduced in the O.P(C) Nos.2707 & 2708 of 2011 -: 2 :- executing court. In the facts and circumstances of the case I do not find reason to interfere with the order under challenge. 3. Learned counsel submitted that petitioner may be given opportunity to pay the amount in installments. Petitioner has to make that request in the executing court. To facilitate that, I am inclined to grant some time to the petitioner. Resultantly, Original Petitions are disposed of directing that warrant of arrest issued to the petitioner will stand in abeyance for a period of forty five (45) days from this day or till default as hereinbelow stated is committed, whichever is earlier, subject to the following conditions: (a) Petitioner shall deposit in the executing court `5,000/- (Rupees Five thousand only) in E.P. No.220 of 2009 in O.S. No.33 of 2007 within two weeks from this day. (b) Petitioner shall deposit `25,000/- (Rupees Twenty five thousand only) in E.P. No.221 of 2009 in O.S. No.39 of 2009 within one month from this day. (c) In case any of the above conditions is violated it will be open to the executing court to O.P(C) Nos.2707 & 2708 of 2011 -: 3 :- proceed with the execution pursuant to Ext.P3, common order. (d) It is open to the petitioner to request the executing court for permission to pay the balance amount due under the decrees in installments and if any such request is made, the executing court shall consider the same and pass appropriate orders after hearing learned counsel for respondent also. THOMAS P. JOSEPH, JUDGE. vsv