IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 8713 of 2009(O) ------------------------- E.P.NO.743/2004 IN OS.673/2001 of PRL.MUNSIFF'S COURT, CHERTHALA .................... PETITIONER(S): -------------------------- R. RAJAN, S/O. RAMAKRISHNAN, AGED 58 YEARS, NEDUMPARAMBIL HOUSE, MARATHORVATTOM.P.O, CHERUVARANAM MURI, THANNIRMUKKAM VADAKKU VILLAGE, CHERTHALA. BY ADV. MR.SABU THOZHUPPADAN RESPONDENT(S): ----------------------------- C.V. KRISHNA SHENOY, S/O. VENKITESWARA SHENOY, RESMI, CHERTHALA NORTH MURI, CHERTHALA NORTH VILLAGE, CHERTHALA. BY ADVS. MR.JOHN JOSEPH(ROY), MR.G.N.NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.8713 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 16th June, 2009 JUDGMENT The Writ Petition is filed under Article 227 of the Constitution of India seeking the following reliefs: 1. To issue a writ of certiorari or other appropriate writ or order quashing Ext.P2. 2. Grant such other reliefs deem fit and proper in the interest of justice. 2. Petitioner is the judgment debtor in E.P.No.743/04 in O.S.No.673/01 on the file of the Principal Munsiff Court, Cherthala. Respondent is the decreeholder and the decree was passed in a suit for money. When execution was taken of the decree, the judgment debtor resisted it by advancing a plea of no means. The decreeholder adduced evidence to show that he is possessed of sufficient means and the judgment debtor, even after availing several opportunities, failed to let in any evidence to substantiate his plea of no means. The learned Munsiff, thereupon, issued a warrant against the judgment debtor rejecting his plea of no means. Ext.P2 is copy of that order. Impeaching the correctness of Ext.P2 order, the judgment debtor has filed this petition. W.P.C.No.8713/09 - 2 - 3. I heard the learned counsel on both sides. At the time of hearing, learned counsel for the judgment debtor fairly submitted that judgment debtor is prepared to pay the decree debt in reasonable instalments as fixed by this court. Counsel for the decree holder has no objection in allowing discharge of decree debt by instalments. Having regard to the consensus so expressed by the counsel on both sides, it is ordered that the judgment debtor shall pay a sum of Rs.20,000/- towards part of the decree debt within a month from the date of this judgment and the rest in 15 instalments of Rs.6,000/- per month. The instalment payment of Rs.6000/- shall commence from the Month of August, 2009 onwards and the first payment thereof should be made by the judgment debtor on or before 10th of that month. Subsequent instalments, as ordered, shall also be made before 10th of every month. In case of default in remitting the instalments even for a solitary occasion, the relief granted under this judgment enabling to discharge the decree debt in instalments shall cease to be in operation and the decreeholder will be free to realise the entire outstanding decree debt in lump from the judgment debtor. It is further made clear that if any sum is due to be discharged after the period provided as aforesaid for payment W.P.C.No.8713/09 - 3 - of the decree debt by way of instalments, the judgment debtor shall tender the balance sum so found due the next month itself after the instalment period is over. The Writ Petition is disposed as above. srd S.S. SATHEESACHANDRAN, JUDGE