IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 21125 of 2009(O) --------------------------------------- (OS. NO.373/1999 OF MUNSIFF'S COURT, PUNALUR) .................... PETITIONERS: --------------------- 1. KUNJUKRISHNA PILLAI, S/O. KUNJU PILLAI, CHARUVILA PUTHENVEEDU, PULLAMCODU MURI, ARAKKAL VILLAGE, ANCHAL, KOLLAM. 2. P.M.VIKRAMAN, S/O. MADHAVAN, PUTHEN VILA VEEDU, PULLAMCODU MURI, ARAKKAL VILLAGE, ANCHAL, KOLLAM. BY ADV. MR.A.SANIL KUMAR. RESPONDENT: ---------------------- MULAMOOTTIL LEASING AND HIGHER PURCHASE PRIVATE LIMITED, KOZHAMCHERY, REP. BY ITS MANAGING DIRECTOR, MULAMMOTIL JACOB THOMAS, KOZHACHERY VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. MR.V.PHILIP MATHEW. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.21125 OF 2009 -------------------------- Dated this the 25th day of August 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) To call for the records leading to Ext.P3 order in E.P No. 19/2007 in O.S No.373/1999 of the Munsiff Court, Punalur and set aside the same. ii) To direct the Munsiff Court, Punalur to reconsider E.P No.19/2007 in O.S No. 373/1999 and give an opportunity to the petitioners to adduce evidence in the matter within a stipulated time as directed by this Hon'ble Court. W.P.(C).No.21125 OF 2009 Page numbers iii) To direct the Additional Munsiff Court, Punalur to grant atleast 20 installments to pay the balance decree amount and till then Ext.P3 order issuing arrest warrant against the petitioners in E.P No. 19/2007 in O.S No.373/1999 may be kept in abeyance. iv) Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. 2. Petitioners are the judgment debtors in E.P No.19 of 2007 in O.S No.373 of 1999 on the file of the Munsiff Court, Punalur. Decree in execution was one for money. In execution of the decree, pursuant to the steps taken by the decree holder, warrant was ordered against the judgment debtors / petitioners. Order passed by the execution court directing issue of warrant vide W.P.(C).No.21125 OF 2009 Page numbers Ext.P3 order is challenged in the writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. Notice being issued, the respondent / decree holder has entered appearance. I heard the counsel on both sides. The learned counsel for the petitioners submitted that petitioners are prepared to discharge the decree debt by instalments as fixed by this court. It is further submitted, a sum of Rs.6,000/- on the decree debt has already been paid. Though the counsel for the decree holder has some reservation in allowing installments, having regard to the submissions made and taking note of the facts and circumstances presented, I find, judgment debtors can be allowed to discharge the decree debt in ten equal monthly instalments. Outstanding amount with interest and W.P.(C).No.21125 OF 2009 Page numbers cost, tentatively, calculated at Rs.35,000/-, and the petitioners are directed to deposit Rs.3500/- per month on or before 5th day of every month. In case 5th of the month happens to be a holiday, the instalment payment has to made in the next working day positively. In default of payment of one instalment, the decree holder shall be at liberty to proceed for recovery of the entire outstanding amount. Whatever be the outstanding amount due after payment by nine instalments the rest of the amount shall be paid in the last instalment by the judgment debtor. Payment of installment will commence from next month onwards. Subject to the above directions, Ext.P3 order is quashed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv