IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 CRP.No. 201 of 2007() -------------------------------- AGAINST THE ORDER DATED 07/12/2006 IN EP.298/2005 IN OS.583/1998 of MUNSIFF COURT, CHITTUR .................... REVN. PETITIONER(S): JUDGMENT DEBTOR ------------------------------------ K.G.KUMAR @ KRISHNAKUMAR, S/O.GOPALAN, MUTHUKAD, CHITTUR VILLAGE & TALUK, PALAKKAD DISTRICT. BY ADVS. MR.SAJAN VARGHEESE K. MR.LIJU. M.P RESPONDENT(S): DECREE HOLDER ---------------------------- MANOHARAN, S/O.MADHAVAN MANNADIAR, 5TH MILE, KUTTIPALLAM VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. MR.P.RAMAKRISHNAN NAIR THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID,J. --------------------------- C.R.P.NO.201 OF 2007 ---------------------------- DATED THIS THE 20TH DAY OF FEBRUARY, 2009 O R D E R Judgment Debtor in E.P.No.208/2005 in O.S.No.583/1998 is the revision petitioner. This revision is filed against the order dated 7th December, 2006 of the Munsiff's Court, Chittur in the said E.P., wherein the court below issued warrant against the judgment debtor. 2. After considering the oral and documentary evidence adduced by the parties, the court below held that the judgment debtor is having agricultural property and has got income out of it. The court below also held that the admitted case of the judgment debtor is that he is having income out of his avocation as a mason helper. The court below rightly held that the judgment debtor has sufficient means to pay off the decree debt and that he is purposely evading the repayment. In the circumstance, I find no reason to interfere with the order passed by the court below. -2- CRP.No.201/2007 3. The learned counsel for the petitioner requested this Court that he may be permitted to pay the amount in easy instalments. It is also pointed out that pursuant to the interim order passed by this Court, the petitioner had deposited an amount of Rs.10,000/- out of the decree amount. In the circumstances, the petitioner is directed to pay the balance amount in ten monthly instalments. The first instalment shall be paid on or before 5/4/2009 and the subsequent instalments on or before the 5th of every succeeding months. If the amount is not paid as directed above, the court below shall proceed against the petitioner/judgment debtor as ordered in the impugned order. The impugned order shall be kept in abeyance, in order to facilitate the petitioner to pay the amount in instalments. C.R.P. is disposed of as above. HARUN-UL-RASHID, Judge. kcv.