IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 CRP.No. 117 of 2011() --------------------- E.P.NO.1462/2009 IN OS.1335/2007 of PRL.MUNSIFF COURT,IRINJALAKUDA .................... REVN. PETITIONER(S): 2ND & 3RD JUDGMENT DEBTOR/DEFENDANTS --------------------------------------------------------- 1. SATHYAN, S/O. MURINGANADATHVEETTIL MANIKYAN, PULIPARAKUNNU DESOM, KODAKARA VILLAGE, MUKUNDAPURAM TALUK. 2. ASOKAN, S/O. MURINGANADATHVEETTIL KUNJIKANDAN, PULIPARAKUNNU DESOM, KODAKARA VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): DECREE HOLDER/PLAINTIFF -------------------------------------- PENINSULA CHITS PRIVATE LIMITED, IRINJALAKUDA VILLAGE, DESOM, MUKUNDAPURAM TALUK, REP. BY ITS MANAGING DIRECTOR, FRANCIS A.D., S/O. AZHACHANGATTIL DEVASSY, PORATHISSERY VILLAGE, KARUVANNUR DESOM, MUKUNDAPURAM TALUK. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- C.R.P.No.117 of 2011 ------------------------------------ Dated this the 14th day of June, 2011 O R D E R Judgment debtors 2 and 3 in E.P.No.1462 of 2009 in O.S.No.1335 of 2007 on the file of the court of the Principal Munsiff of Irinjalakuda are the revision petitioners. They challenge the order dated 7th February, 2011 by which the court below issued warrant against them. The plea of no means put forward by the petitioners was withdrawn earlier, as noted by the court below. The court below found that payment of ` 3,000/- was not sufficient when the direction issued by the court was to pay ` 30,000/-. On that ground, warrant was issued. The learned counsel for the petitioners submitted that the interim order dated 10th March, 2011 passed in the Civil Revision Petition to deposit ` 10,000/- was complied with. The counsel also submitted that the CRP No.117/2011 2 petitioners are prepared to pay the balance decree amount in monthly instalments. 2. There is no appearance for the respondent. Taking into account the facts and circumstances of the case, the petitioners shall pay the balance decree amount in the manner indicated below. The petitioners shall deposit before the executing court for payment to the decree holder a sum of ` 10,000/- on or before 15th July, 2011 and ` 10,000/- each in the succeeding four months payable on or before 16.8.2011, 19.9.2011, 17.10.2011 and 15.11.2011. The whole of the balance decree amount shall be paid on or before 23rd December, 2011. If the petitioners commit default in payment of any of the instalments, the whole of the balance decree amount would become due on such default and the execution proceedings would be continued against the petitioners. To facilitate compliance with the payment as aforesaid, the warrant ordered to be issued against the CRP No.117/2011 3 petitioners shall be kept in abeyance till the last date of the last instalment or the date of default. The Civil Revision Petition is disposed of accordingly. K.T.SANKARAN JUDGE csl CRP No.117/2011 4 K.T.SANKARAN, J. ------------------------------------- C.R.P.No.117 of 2011 ------------------------------------ Dated this the 10th day of March, 2011 O R D E R The learned counsel for the petitioners submitted that the only relief which the petitioners seek is a facility to pay the decree amount in instalments. Admit. Issue urgent notice to the respondent. There will be interim stay as prayed for, for a period of three months, on condition that the petitioners shall deposit before the executing court for payment to the decree holder a sum of ` 10,000/- (Rupees Ten thousand only) on or before 11.4.2011. If the petitioners commit default to deposit the amount, the interim order will cease to have any effect, without any further orders, and the warrant issued by the court can be executed. CRP No.117/2011 5 K.T.SANKARAN JUDGE csl