IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 CRP.No. 542 of 2009() --------------------- AGAINST THE ORDER DATED 25/08/2009 IN E.P.137/2007 IN OS.181/2005 of PRL.M.C., KOTTAYAM .................... PETITIONER/IST DEFENDANT/IST JUDGEMENT DEBTOR: ------------------------------------------------------------------ JISON VARGHESE, S/O.SUNNY VARGHESE, PUTHUPPARAMBIL, PARK LANE, KOTTAYAM. BY ADV. SRI.V.K.SUNIL RESPONDENT(S)/PLAINTIFF & 2ND DEFENDANT/DECREE HOLDER: ------------------------------------------------------ 1. KARAPPARA CHITTY FUND, VAKATHANAM REPRESENTED BY ITS PARTNER JOHN K.JOHN, KARAPPARA VETTIYIL, VAKATHANAM P.O 2. MANOJ BAKER, S/O.T.BAKER FENN, THOPPIL, VAZHOOR. ADV. SRI.JAMES KURIAN FOR R1 SRI.SANTHOSH MODAYIL FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.2935/09 IN CRP.542/09 DISMISSED. 9.12.2009 S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- C.R.P.NO.542 OF 2009 () ----------------------------------- Dated this the 9th day of December, 2009 O R D E R Petitioner is the 1st judgment debtor in E.P.No.137 of 2007 in O.S.No.181 of 2005 on the file of the Principal Munsiff Court, Kottayam. The execution court has ordered for issuing warrant against the petitioner for realising the decree debt. That order is challenged invoking the revisional jurisdiction of this Court. Pursuant to the directions given by this Court, petitioner/1st judgment debtor has deposited a sum of Rs.35,000/- towards the decree debt. According to the learned counsel for the petitioner, the outstanding debt due under the decree after the earlier payments made is only Rs.35,000/-. However, the learned counsel for the 1st respondent/decree holder submitted that he cannot confirm what is the outstanding balance due without verification. The learned counsel for the petitioner/1st judgment debtor sought the indulgence of this Court for discharging the decree debt by CRP.542/09 2 payment in instalments. Having regard to the submissions made and taking note of the facts and circumstances presented, I find an opportunity can be extended to the petitioner to discharge the decree debt as requested for. Petitioner shall discharge the decree debt in eight monthly instalments of Rs.5,000/- each commencing from the month of January, 2010. The 1st instalment shall be made before the court or payment to the decree holder and obtaining receipt before 10th of that month and all subsequent instalments also on or before 10th of the succeeding months. In case, the 10th happens to be a holiday, deposit/payment shall be made on the next working day itself. In the event of default of even one instalment, it will be open to the decree holder to proceed for realisation of the entire outstanding decree debt in lump ignoring the instalment facility provided to the petitioner/1st judgment debtor. The petitioner/1st judgment debtor shall discharge the entire decree debt in the final and 8th instalment irrespective of the sum fixed as payable by instalments. The order passed by the court below impugned in the revision shall stand set aside subject to the directions as above. In the CRP.542/09 3 event of any default by the petitioner/1st judgment debtor, the court below on the request of the decree holder shall straight away issue warrant for realising the outstanding decree debt from the judgment debtor. Revision is closed with the above directions. S.S.SATHEESACHANDRAN JUDGE prp