IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 CRP.No. 676 of 2008() --------------------- AGAINST THE ORDER DATED 19.8.2008 IN E.P.39./2008 IN O.S.406/2006 OF THE MUNSIFF'S COURT, KOCHI ------------------------- REVN. PETITIONER/2ND JUDGMENT DEBTOR IN E.P.39/08: --------------------------------------------------------------------- PRABHAKARAN PILLAI RAILWAY QUARTERS F-2,WILLINGDON ISLAND, KOCHI 682 003, ERNAKULAM. BY ADV. SRI.P.P.JACOB RESPONDENTS/DECREE HOLDER AND PRINCIPAL J. DEBTOR IN EP.39/08: --------------------------------------------------------------------------- 1. VIJAYA BANK, WILLINGDON ISLAND BRANCH WILLINGDON ISLAND, KOCHI 682 003, REPRESENTED BY ITS BRANCH MANAGER. 2. K.K.KARUNAKARAN, KIZHAKKEKKARA HOUSE, ALWAYE. BY ADV.SRI.R.S.KALKURA FOR R1 THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- C.R.P.No.676 of 2008 ------------------------------- Dated this the 2nd September, 2008. O R D E R This petition is filed under Section 115 of Code of Civil Procedure challenging the order of arrest passed by Munsiff, Kochi, in E.P.No.39 of 2008. 2. Learned counsel appearing for the petitioner and first respondent, decree holder, were heard. 3. Learned counsel appearing for the petitioner submitted that petitioner is not having any other income except the salary and respondent, decree holder, may be permitted to realise the decree debt, by attachment of the salary. 4. Learned counsel appearing for the first respondent submitted that it is not for the judgment debtor to decide as to how to execute the decree. When the means of the petitioner is not disputed, there is no illegality in the impugned order. W.P.(C) No.676 of 2008 2 5. In view of the submission made by learned counsel for the petitioner that he is prepared to pay the decree debt in instalments, petitioner is granted an opportunity to file an application before the Executing court for permission to pay the decree debt in instalments. If such an application is filed before the Executing Court within two weeks from today, the Executing Court shall consider the same and pass appropriate orders, in accordance with law. Till then, the order of arrest shall not be executed. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.