IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 OP(C).No. 619 of 2011(O) ------------------------ E.P.26/09 IN OS.198/1996 of MUNSIFF COURT, VATAKARA .................... PETITIONER/RESPONDENT ----------------------------------------- NAMBEERAN VEETTIL POCKER,S/O.AMMED, AGED 50 YEARS,PUNATHIL HOUSE,KOTTAPPALLY AMSOM, VALLIYAD DESOM,VATAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): --------------- K.RAJEEVAN,S/O.NARAYANAN,AGED 43 YEARS, DRIVER,KAKKOTT HOUSE,P.O.VALLIYAD,KOTTAPPALLY, AMSOM,VALLIYAD DESOM,VATAKARA TALUK, PIN 673 105. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- O.P.(C).No.619 of 2011 --------------------------------------------- Dated this the 16th day of February, 2011 JUDGMENT The petitioner is the judgment debtor in E.P.No.26 of 2009 in O.S.No.198 of 1996 on the file of the court of the Munsiff of Vatakara. 2. The suit and the Appeals were hotly contested and the matter was finally disposed of on 15th March 2010 in RSA No.293 of 2010. 3. Even before the Second Appeal was disposed of, Execution Petition was filed. In execution, immovable property belonging to the petitioner was attached. The petitioner filed O.P.(C) No.287 of 2010 for issuing a direction to the executing court to consider the request made by the petitioner to pay the decree debt in instalments. This Court disposed of O.P.(C) No.287 of 2010, as per the judgment dated 12th October, 2010 directing the executing court to consider the request made by the petitioner and to pass O.P.(C) No.619/2011 2 appropriate orders after hearing both parties. 4. Thereafter, the executing court passed Exhibit P5 order dated 20th December, 2010 permitting the petitioner to pay the decree debt in instalments at the rate of ` 9,000/- per month. The decree debt is ` 1,83,043/-. The petitioner prayed for a period of five years to clear the decree debt. The executing court held, taking into account all the relevant facts, that five years cannot be granted to discharge the decree debt. However, taking into account the facts and circumstances, the executing court allowed the petitioner to discharge the decree debt in monthly instalments of ` 9,000/-. The order passed by the court below is just and proper. No interference is called for in exercise of the jurisdiction under Article 227 of the Constitution of India. The Original Petition is accordingly dismissed. K.T.SANKARAN JUDGE csl