IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 28563 of 2008(A) -------------------------- AGAINST THE ORDER IN EP 309/2001 IN OS.75/1998 of PRL.SUB COURT,KOTTAYAM .................... PETITIONER: --------------- GEORGE KORAH, S/O.KORAH, AGED 59, PALLIMANGALAM HOUSE MUTTAMBALAM PO., KOTTAYAM. BY ADV. SAIGI JACOB PALATTY RESPONDENT: --------------- JOSE VALIYAVEEDAN VALIYAVEETTIL HOUSE VADAVATHOOR PO. KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 28563 of 2008 ========================== Dated this the 26th day of September, 2008. JUDGMENT The petitioner who is the defendant /judgment debtor in O.S. No. 75 of 1998 on the file of the Principal Sub Court, Kottayam and pending in E.P. No. 309 of 2001, seeks a direction for payment of the decree amounts in instalments. According to the petitioner, as against the decree amount of Rs.1,88,650/-, he has by now deposited a total amount of Rs.1,60,000/-. 2. This Court is not able to ascertain the amount presently due from the petitioner. Accordingly, this writ petition is disposed of permitting the petitioner to move the Executing Court for the benefit of instalment facility after hearing the decree holder also and after considering the other pressing claims on his resources in other suits and proceedings. In case the petitioner moves the Executing Court by filing a petition within 10 days from today, that court shall consider passing an order for instalment facility after hearing the decree holder and also after taking into account other pressing claims on the petitioner in W.P.(C) No. 28563/2008 : 2: other suits or proceedings. The court below shall pass an order within one month of receipt of the petition to be filed by the petitioner. Until the disposal of the said petition, proceedings for personal execution against the petitioner shall be kept in abeyance. This writ petition is disposed of as above. Dated this the 26th day of September, 2008. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 28563/2008 : 3: