IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 35773 of 2009(O) -------------------------- AGAINST THE ORDER IN EP.16/2007 IN OS.558/2005 of MUNSIFF COURT, PERAMBARA .................... PETITIONER(S): --------------- 1. PREMAJAN P.P., S/O. RAGHAVAN VYDIAR, CLERK , VADAKKUMPAD SECONDARY SCHOOL, PALERI, PALERI AMSOM AND DESOM, KOZHIKODE TALUK. 2. PADMANABHAN M.T., S/O. KRISHNAN NAIR, ASSISTANT TEACHER, VADAKKUMPAD SECONDARY SCHOOL PALERI, PALERI AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- THE VIJAYA BANK, CHEROOTTY ROAD, NAGARAM AMSOM, DESOM, KOZHIKODE TALUK, REPRESENTED BY THE SENIOR BRANCH MANAGER. ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.35773/2009 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE EXECUTION PETITION NUMBERED AS EP NO.16/2007 ON THE FILE OF MUNSIFF COURT, PERAMBRA EXT.P2 TRUE COPY OF ORDER DATED 5.1.2009 IN EP NO.16/2007 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.35773 of 2009 -------------------------------------- Dated this the 7th day of June, 2010. JUDGMENT Petitioners are judgment debtor Nos.1 and 2 against whom learned Munsiff, Perambra has passed Ext.P2, order for issue of warrant of arrest under Order 21 Rule 40 of the Code of Civil Procedure. Though correctness of Ext.P2, order is under challenge in the Writ Petition, learned counsel for petitioners state that petitioners be permitted to pay the balance amount due under the decree in five equal monthly installments. Request is not opposed by the learned counsel for respondent. Having regard to the facts and circumstances stated by counsel I am inclined to give petitioners facility for installment payment. Writ Petition is disposed of permitting petitioners to pay the balance amount due under the decree to the respondent in four equal monthly installments beginning from 01.07.2010. It is made clear that if any two installments are defaulted it will be open to the respondent to proceed with execution pursuant to Ext.P2, order notwithstanding the time granted hereby. Warrant of arrest issued against petitioners shall stand in abeyance during the said period of four months from 01.07.2010 or till default is committed by petitioners whichever is earlier. THOMAS P.JOSEPH, Judge. cks