IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 37849 of 2009(O) -------------------------- (ORDER IN E.P.1945/2006 IN O.S.405/2002 OF II ADDITIONAL MUNSIFF COURT, THRISSUR) PETITIONER: --------------- CHANDRAN, AGED 53 YEARS, S/O. KANNAMKULAM CHAMY, VILVATTOM VILLAGE, CHEROOR DESOM. BY ADV. SRI.C.HARIKUMAR RESPONDENT: --------------- EDAKKALATHUR CHITTIES LOANS (P) LTD., THRISSUR. ADV. SRI.G.SREEKUMAR (CHELUR) ADV.RAVI.K.PARIYARATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37849 of 2009(O) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: Receipt of communication from the Vilvattom Service Co-operative Bank. EXHIBIT P2: Order in E.P.1945/2006 in O.S.405/2002 RESPONDENT'S EXHIBITS:- Nil True copy P.A. to Judge THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.37849 of 2009 --------------------------------------- Dated this 24th day of May, 2010 JUDGMENT Judgment debtor No.2 in E.P.No.1945 of 2006 in O.S.No.05 of 2002 of the court of learned Additional Munsiff-II, Thrissur challenges Ext.P2, order dated 30-09-2009 issuing warrant to him on the finding that he has sufficient means to discharge the debt but he has wilfully failed to do so. Respondent/decree holder filed execution petition for realisation of Rs.1,04,382/- with future interest and cost and sought personal execution against petitioner/judgment debtor No.2. Judgment debtor No.1, the principal debtor is the wife of judgment debtor No.3. Petitioner is a sanitation worker in Thrissur corporation. Representative of the respondent gave evidence as PW1 and stated about the means of petitioner. He stated that petitioner is drawing Rs.7,000/- per month as salary and has 3 cents of land. Petitioner gave evidence as RW1 and stated that he is getting a salary of Rs.2,000/- only and that he is indebted to the Service Co-operative Bank for more than Rs.4,00,000/-. His salary was attached by this court towards the decree in this case for 24 months at the rate of Rs.1,000/- per month. He produced Ext.B5, pay slip which shows that he is W.P.C.No.37849 of 2009 : 2 : getting Rs.4,432/- per month. Executing court found that petitioner has sufficient means and ordered warrant. 2. What is required to be proved is sufficient means for petitioner to discharge the liability. It is not as if he must be in a possession of liquid cash to discharge the liability. It is not disputed that petitioner has 3 cents of land and is employed. The deductions from his salary for his personal purpose cannot be ignored while considering his means. The executing court considered the evidence on record and found that petitioner has sufficient means to discharge the liability. I do not find any manifest error in the order under challenge requiring interference by this court. 3. At this stage, without prejudice by the contentions raised by petitioner learned counsel requested that petitioner may be permitted to discharge the decree debt in twenty installments. I have heard learned counsel for respondents on that request of petitioner. Having regard to the circumstances stated by learned counsel for petitioner I am inclined to permit petitioner to discharge the decree debt in fifteen equal monthly installments beginning from 01-06-2010 . W.P.C.No.37849 of 2009 : 3 : Resultantly, the writ petition is disposed of in the following lines: (i) Petitioner is permitted to discharge the decree debt in fifteen (15) equal monthly installments beginning from 01-06-2010 . Petitioner will get time till 15-06-2010 to make payment of the first installment due on 01-06- 2010. The second installment onwards will fall due on the first of the succeeding month. (ii) It is made clear that if there is any two default in payment of the amount, it will be open to the decree holder to seek revival of the execution petition and proceed with execution personally against the petitioner pursuant to Ext.P2, order without further proof of means. (3) It will be open to the court below to close the execution petition for the time being in view of the above direction as if there is stay against Ext.P2, order. (THOMAS P JOSEPH, JUDGE) Sbna/-