IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 CRP.No. 737 of 2008() --------------------- AGAINST THE ORDER DATED 05/08/2008 IN EP 27/2006 IN OS.503/2003 of PRL.MUNSIFF COURT, PALAKKAD .................... REVN. PETITIONER(S): JUDGMENT DEBTOR ------------------------------------ P. RAJASEKHARAN, PUSHPA, SBI COLONY, 10/294, RAMANATHAPURAM, PALAKKAD. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): DECREE HOLDER ---------------------------- SUJATHA, W/O. LATE KMK JAYAKUMARS, SUDHARMA, VIJAYAPURAM COLONY, PALAKKAD. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * C.R.P. No. 737 of 2008 * * * * * * * * * * * * * * * * * * Dated: 3-10-2008 ORDER Petitioner who is the judgment debtor in E.P. 27 of 2006 in O.S. 503 of 2003 on the file of the Munsiff's Court , Palakkad challenges the order dated 5-8-2008 as per which the court below after considering the evidence adduced by the decree holder has held that the petitioner had the means to pay the decree debt and had refused to pay the decree debt . The impugned order refers to an earlier order dated 1-11-2007 by which the court had found that the petitioner had the means to pay the decree debt and refused to pay the same. The petitioner challenged the said order before this Court as C.R.P. 174 of 2008. This Court remanded C.R.P. No. 737 of 2008 -:2:- the case back to the court below after directing the petitioner to deposit a sum of Rs. 10,000/-. That is the only payment which the petitioner had made towards the decree debt . The E.P. Amount is Rs. 50,000/- and interest thereon. 2. The finding recorded by the court below is a pure finding of fact and this court sitting in the revisional jurisdiction under Section 115 C.P.C. will be loathe to interfere with the said finding. However, I am inclined to give the petitioner some breathing time to discharge the decree debt. Accordingly, if the petitioner deposits before the court below a sum of Rs. 15,000/- (Rupees fifteen thousand only) within one month from today, the order for arrest shall be kept in abeyance for a period of one month. In case the petitioner deposits the sum of Rs. 15,000/- as above and files an application before the executing court for installment facility, the said application shall be disposed of after C.R.P. No. 737 of 2008 -:3:- hearing the decree holder also and the petitioner may be given some relief by way of installment to pay the balance amount. The warrant of arrest shall stand suspended for a period of one month from today and shall be subject to such further orders which the executing court shall pass thereafter. This petition is disposed of as above. DATED THIS THE 3RD OCTOBER 2008. V. Ramkumar, Judge.