IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 29619 of 2008(A) -------------------------- AGAINST THE ORDER DATED 21/08/2008 IN EP 652/04 IN OS.1016/1999 of MUNSIFF COURT,CHAVAKKAD .................... PETITIONER: --------------- K.U. PETER, S/O. UKKRU @ APPAPPU, KUTTIKKATTIL HOUSE, MANGAD VILLAGE AND DESOM, PADINJARE MANGAD, PORKULAM, TALAPPILLY TALUK. BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENTS: ----------------------- XAVIER, S/O. PULIKKOTTIL JOSEPH, JERUSALEM, P.O. PAZHANJI, PAZHANJI VILLAGE AND DESOM, TALAPPILLY TALUK. ADV. SRI.K.RAMACHANDRAN FOR R1 SRI.S.SREEDEV FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 9.12.2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: TRUE COPY OF EXECUTION PETITION NO: 652/2004 DT. 20.11.2004 FILED BY THE RESPONDENT HEREIN BEFORE THE MUNSIFF'S COURT, CHAVAKKAD EXT.P2: -DO- OF COUNTER DT. 31.5.2005 IN E.P.NO: 652/2004 FILED BEFORE THE MUNSIFF'S COURT, CHAVAKKAD EXT.P3: -DO- OF MEDICAL CERTIFICATE DT. 11.7.2008 ISSUED FROM GOVT. HOSPITAL, KUNNAMKULAM IN FAVOUR OF THE PETITIONER EXT.P4: -DO- OF AFFIDAVIT DT. 1.9.2005 FILED BY THE PETITIONER HEREIN IN E.P.NO: 652/2004 IN O.S.NO: 1016/1999 BEFORE THE MUNSIFF'S COURT, CHAVAKKAD EXT.P5: -DO- OF ORDER DT. 21.8.2008 IN E.P.NO: 652/2004 IN O.S.NO: 1016/1999 PASSED BY MUNSIFF'S COURT, CHAVAKKAD jj /TRUE COPY/ P.A. TO JUDGE K.P. BALACHANDRAN, J. ------------------------------- W.P(C) No. 29619 OF 2008-A ------------------------------- Dated this the 9th December, 2008. JUDGMENT Adv. Shri. K.Ramachandran, counsel for the respondent/decree holder submits that Rs.5,000/- fixed as the first instalment has been paid to him by the petitioner in compliance with order dated 12.11.2008 and that he has no objection in the judgment debtor being allowed to discharge the balance debt by monthly payments at the rate of Rs.5,000/-. Counsel for the petitioner/judgment debtor also wants only that relief to be granted to the petitioner. In the result I allow the petitioner/judgment debtor to discharge the balance debt by making payments at the rate of Rs.5,000/- per month to the decree holder through court on the 5th of every calendar month beginning with 5.1.2009 till the debt is discharged. In the event of the petitioner committing default in payment of any two consecutive monthly instalments he shall forfeit the benefit of discharge of debt in instalments and the decree holder shall be entitled to proceed to recover the entire balance debt in lump by personal execution as has been allowed by the court below as I have WPC 29619/2008 2 not interfered with the order of the court below in this writ petition except for the purpose of granting benefit of discharge of debt in instalments. This writ petition is disposed of with the above directions. K.P.BALACHANDRAN JUDGE jj