IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 CRP.No. 50 of 2008() -------------------- AGAINST THE ORDER DATED 29/10/2007 IN EP.27/2006 IN OS.51/2004 of MUNSIFF COURT, VAIKOM .................... REVN. PETITIONERS: JUDGEMENT DEBTORS 1 & 2/DEFENDANTS ---------------------------------------------------- 1. K.V.JOHN, S/O VARGHESE, MAZHUTHURUTHAL HOUSE, MEVELLOOR P.O., VELLOOR VILLAGE. 2. P.RAMACHANDRAN, S/O PONNUSWAMI NAZAR, AKHILANDAPURAM, P.O.KADAMPOOR, THIRUNELVELI DIST. NOW RESIDING AT VELLOOR VILLAGE NEWSPRINT NAGAR P.O., HINDUSTAN NEWSPRINT LIMITED COMPANY, MOCHANICAL WORKSHOP, 1ST GRADE TECHNICIAN. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.K.SUNILKUMAR RESPONDENTS: DECREES HOLDER, 3RD JUDT. DEBR./PLTFFS./3RD DEFT. -------------------------------------------------------------- 1. THE MANAGER, FEDERAL BANK LTD., MAVALLOOR BRANCH, ITS PRINCIPAL OFFICER, MAVELLOOR. 2. PONNAMMA JOHN, W/O K.V.JOHN, MEVELLOOR P.O., VELLOOR VILLAGE. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA 164/08 IN CRP 50/08 DISMISSED 25.1.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 50 OF 2008 --------------------- Dated this the 25th day of January, 2008 ORDER This revision petition is preferred against the order of the Munsiff, Vaikom, in E.P. No. 27/2006 in O.S. No. 51/2004 whereby the court has ordered arrest of judgment debtors 1 and 2. The contention of the judgment debtors was that they are not having any means. Though the 1st judgment debtor had 20 cents of land, there were some proceedings against the same under the Securitisation Act. But the court below found that no documents are produced. It is also submitted that the pension received by the 1st judgment debtor is only Rs. 393/- per month. 2. Since the learned counsel has expressed the willingness of the claimants to pay off the liability and the decree holder being a scheduled Bank, I feel it is not necessary to send them to civil prison but to direct them to pay the amount in some instalments. Therefore civil revision petition is disposed of as follows: C.R.P. NO.50/08 2 (i) Revision petitioners herein are directed to pay a sum of Rs.15,000/- within a period of three weeks from today, to the decree holder. (ii) The balance amount shall be paid in eight equal monthly instalments commencing from 15.3.08. If the revision petitioners commit default of payment of the first instalment and thereafter of two consecutive instalments, the decree holder will be at liberty to proceed against the judgment debtors and the judgment debtors are precluded from raising the plea of no means hereafter. In the light of this order, the court below is directed not to execute the warrant of arrest. M.N.KRISHNAN, JUDGE vps C.R.P. NO.50/08 3