IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(C).No. 10549 of 2009(O) -------------------------- OS.40/2005 of MUNSIFF COURT, ETTUMANOOR .................... PETITIONER(S): --------------- K.M.AUGUSTINE, KALAPURACKAL HOUSE, PERUMPAICKAD P.O, KOTTAYAM. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): --------------- P.V.C.CHITTY FUND, REPRESENTED BY ITS MANAGING PARTNER, ITTY IPE CHERIAN, KOSAMATTOM PUTHENPURA, NATTASSERRY KARA, VIJAYAPURAM VILLAGE, KOTTAYAM. ADV. SRI.K.JAYAKUMAR FOR REPTS. SRI.P.B.KRISHNAN FOR REPTS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.10549 OF 2009 -------------------------- Dated this the 10th day of September 2009 ------------------------------------- JUDGMENT Petitioner is the judgment debtor in E.P No.56/08 in O.S No.40/05 on the file of the Munsiff Court, Ettumanoor. The decree executed is one passed in a suit for money. On filing the writ petition, the petitioner has deposited a sum of Rs.50,000/- by way of two equal instalments of Rs.25,000/- pursuant to the orders passed by this court. It is submitted that he has deposited a further sum of Rs.8,000/- earlier towards discharge of the decree debt. Altogether a sum of Rs.58,000/- on the amount due, according to the counsel for the petitioner, has been deposited. The learned counsel for the petitioner seeks indulgence of this court to pay whatever balance amount due under the decree by way of six equal W.P.(C).No.10549 OF 2009 Page numbers monthly instalments. Having regard to the submissions made by the counsel on both sides, I find that the request deserves consideration. Petitioner / judgment debtor shall discharge the balance outstanding amount due on the decree debt by way of six equal monthly instalments starting from the month of October 2009. Each monthly instalment shall be made on or before the 5th of every month and in case 5th happens to be a holiday, on the next working day itself. Default in payment of one instalment will lead to forfeiture of the instalment payment granted, and enable the decree holder to proceed for realisation of the entire outstanding decree debt. Whatever amount is deposited is directed to be released to the respondent / decree holder. Subject to the above directions, the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE vdv P.A TO JUDGE