IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No.37423 of 2008 (E) ---------------------------------- AGAINST THE ORDER IN E.P.266/06 IN OS.293/2002 of ADL.SUB COURT, THALASSERY .................... PETITIONERS: ----------------- 1. PALLIPIRIYATH NANI, W/O. KOCHIPRON- KALOTH GOVINDAN , AGE 59, HANI WEAVE PROSESSING CHIRAKKAL, KANNUR -11. 2. PALLIPIRIYATH MANOJ, S/O. KOCHIPRON GOVINDAN, AGED 39 KOKKAN PARA, P.O. PALLIKKUNNU, KANNUR -4. 3. PALLIPIRIYATH MAHESH, S/O. KOCHIPRON KOLOTH GOVINDAN, AUTO DRIVER, AGED 39, KOKKAN PARA, P.O. PALLIKKUNNU, KANNUR -4. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT: ---------------- PONNAYI LAVAN, S/O. ANANDAN, AGED 39, PALLIKKUNNU AMSOM DESOM, P.O. PALLIKKUNNU, KANNUR -4. ADV. SMT.M.M.DEEPA SRI.GOPAKUMAR G. (ALUVA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.37423 of 2008 (E) APPENDIX PETITIONER'S EXT:- EXT.P1:- TRUE COPY OF THE ORDER PASSED IN E.P. NO.266/06 IN O.S. NO.293/02 ON THE FILE OF THE SUB COURT, THALASSERY. ............. K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.37423 of 2008 ------------------------------------------------ Dated this the 22nd day of January, 2009 JUDGMENT Counsel for the respondent submits that the amount ordered to be paid by the petitioner has been received. Both sides agree that the petitioners can be allowed to discharge the balance debt by monthly payments at the rate of Rs.10,000/- per month beginning with the 25th day of February, 2009. All monthly instalments are to be paid to the decree holder and reported before the execution court positively on or before 25th of every calendar month. In case of failure on the part of the petitioners to make payment of any two consecutive monthly instalments on the due dates the the respondent/decree holder shall be entitled to proceed with personal execution against petitioners 2 and 3 as I have not interfered with the findings of the W. P. C. No.37423 of 2008 -2- court below regarding means vide Ext.P1 order. 2. This Writ Petition is disposed of as above. K.P.BALACHANDRAN, JUDGE kns/- W. P. C. No.37423 of 2008 -3- K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.37423 of 2008 ------------------------------------------------ Dated this the 18th day of December, 2008 ORDER Heard the counsel for the petitioner. Admit. The court below has in execution of the money decree in O.S.293/02 vide E.P.266/06 ordered personal execution against the judgment debtors who are the petitioners herein. The first petitioner is a lady and the court below probably by an oversight without noticing that fact has ordered personal execution as against the first Judgment Debtor as well violating the mandate in Section 56 of the C.P.C. Hence, Ext.P1 order inasmuch as it is against the first petitioner is hereby quashed. 2. Though personal execution ordered as against petitioners 2 and 3 also is assailed, W. P. C. No.37423 of 2008 -4- counsel for the petitioners submits that petitioners 2 and 3 will make a deposit of Rs.15,000/- in two weeks and that the balance also may be allowed to be paid in monthly instalments. 3. In view of the said submission, it is ordered that the petitioner shall deposit an amount of Rs.15,000/- positively on or before 01/01/09. Personal execution as against petitioners 2 and 3 shall stand stayed till 01/01/09. Issue notice by speed post with acknowledgment due to the respondent and post on 02/01/09. K.P.BALACHANDRAN, JUDGE kns/-