IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 24860 of 2008(H) -------------------------- AGAINST THE ORDER IN EP 189/02 IN OS.273/1995 of PRL.S.C.,THALASSERY .................... PETITIONER(S): ----------------------- P.KRISHNAN, S/O.GOPI, 51 YEARS NATIONAL AGENCIES (DRIVING SCHOOL), NARANGAPURAM, THIRUVANGAD AMSOM DESOM, THALASSERY. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------------------- MUTHUVODATHIL MUHAMMED SALI S/O.SASI, 46 YEARS, IRITTY VIA., BUSINESS, IRIVERY AMSOM, DESOM, KANNUR. ADV. SRI.A.MOHAMED MUSTAQUE FOR R1 SRI.KAUSER EDAPPAGATH FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No. 24860 of 2008 = = = = = = = = = = = = = = Dated this the 25 th day of September, 2008 JUDGMENT Eventhough, technically, Ext.P2 order passed on a review petition allowing review is appealable under Order XLIII Rule 1 C.P.C, since the court below has enhanced the monthly quantum of Rs.500/- to Rs.1500/- without any challenge by the decree holder against the order dated 17.8.07 passed by the Execution Court, I am inclined to entertain this writ petition. 2. Heard both sides. 3. Having regard to the fact that the respondent/ decree holder did not challenge the order dated 17.8.07 passed by the Execution Court fixing Rs.500/- as the monthly installment payable by the petitioner, the court below was not justified in enhancing the said quantum from Rs.500/- to 1500/- on a review application by the petitioner. But at the same time, the rate of Rs.500/- per month will not discharge the total amount due within a reasonable time. Having regard to the facts and circumstances of the case, I am inclined to enhance the monthly W.P.(c).No.24860/08 2 installment from Rs.500/- to Rs.1000/-(Rupees one thousand only). I am also inclined to fix a default clause. In case the petitioner commits default of any two installments, the entire balance payable by him shall become due at once. 4.The first installment of Rs.1,000/-. shall be payable on or before 6.10.08 and the subsequent installments shall become payable on or before 6th of the succeeding months. This W.P.(c) is disposed of as above. Dated this the 25th day of September, 2008. V. RAMKUMAR, JUDGE sj