IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 23287 of 2009(O) -------------------------- OS.2936/1999 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER: --------------- MURALI, AGED 60, S/O.CHEMBARA RAMAN, PUTHUR VILLAGE DESOM, THRISSUR TALUK. BY ADV. MR.G.SREEKUMAR (CHELUR) RESPONDENT: --------------- JOSEPH, S/O.THYKOODAN SIMON, KURIACHIRA DESOM, OLLUR VILLAGE, THRISSUR TALUK. ADV. MR.M.B.PRAJITH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.23287 of 2009 - O --------------------------------- Dated this the 23rd day of November, 2009 J U D G M E N T Petitioner is the judgment debtor in E.P.No.871 of 2006 in O.S.No.2936 of 1999 on the file of the Munsiff Court, Thrissur. The decree executed is one passed in a suit for money, and, the respondent is the decree holder. The challenge raised in the writ petition is against the proclamation settled and the steps taken for sale of the immovable property belonging to the petitioner/judgment debtor to satisfy the decree debt. 2. Notice being given, decree holder has entered appearance. I heard the counsel on both sides. 3. Pursuant to directions given by this Court, a sum of Rs.20,000/- had been deposited towards the decree debt before the execution court by the petitioner/judgment debtor during the pendency of the proceedings. Learned counsel for the petitioner submitting that he is a cardiac patient seeks indulgence of this Court to discharge the decree debt in instalments. Though the counsel for the decree holder is not amenable as such for W.P.(C).No.23287 of 2009 - O 2 extending instalment facility to the petitioner/judgment debtor for discharging the decree debt, it is submitted, if at all any indulgence is shown by this Court, reasonable amount may be fixed for payment of the decree debt in instalments. 4. Considering the facts and circumstances presented and the submissions made by the counsel on both sides, I direct the petitioner/judgment debtor to deposit a further sum of Rs.15,000/- towards decree debt within three weeks before the execution court from the date of this judgment. The balance amount after such deposit of Rs.15,000/-, according to the counsel for the petitioner, would come to approximately about Rs.50,000/-. Petitioner shall discharge that amount in nine equal monthly instalments of Rs.6,000/- commencing from the month of January, 2010. Instalment payment shall be made on or before 5th of every month and in case 5th happens to be a holiday on the next working day by depositing that sum before the execution court. On the last and ninth instalment, irrespective of rate of instalment fixed, whatever outstanding amount due to satisfy the decree debt shall be deposited by the W.P.(C).No.23287 of 2009 - O 3 petitioner/judgment debtor. In the event of nondeposit of Rs.15,000/- within three weeks as ordered, and payment of instalments as fixed above, even of one instalment, it will be open to the decree holder to proceed for sale of the property of the judgment debtor to realize the decree debt. The amount already deposited by the petitioner/judgment debtor shall be released to the decree holder. Subject to the above directions, the writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-