IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 21098 of 2009(O) -------------------------- AGAINST THE ORDER DATED 1/7/2009 IN E.A.NO.80/2009 IN EP 19/2007 IN OS.43/1999 of SUB COURT, THIRUVALLA .................... PETITIONER: --------------- P.A.CHERIYAN, AGED 65 YEARS,S/O.ABRAHAM,PATTERIL HOUSE, MALLAPPALLY WEST MURI,PARIYARAM P.O., PATHANAMTHITTA DISTRICT. BY ADV. MR.V.PHILIP MATHEW RESPONDENT: --------------- MALLAPPALLY GRAMA PANCHAYATH, REP.BY ITS SECRETARY,GRAMA PANCHAYATH OFFICE, MALLAPPALLY. ADV. DR.K.P.SATHEESAN MR.K.K.GOPINATHAN NAIR MR.M.R.JAYAPRASAD MR.P.MOHANDAS (ERNAKULAM) MR.MATHEW SUNNY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21098 of 2009(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: JUDGMENT IN O.S.NO.43/1999. EXT.P2: E.P.NO.19/2007 FILED BEFORE THE SUB COURT, THIRUVALLA. EXT.P3: OBJECTION FILED BY THE PETITIONER IN E.P.NO.19/2007 BEFORE SUB COURT, THIRUVALLA. EXT.P4: E.A.NO.80/2009 FILED BEFORE THE SUB COURT, THIRUVALLA. EXT.P5: ORDER DATED 1.7.2009 IN E.A.NO.80/2009. EXT.P6: B DIARY IN E.P.NO.19/2007 ON THE FILE OF THE SUB COURT, THIRUVALLA. EXT.P7: ORDER DATED 05.03.2009 IN E.P.NO.19/2007 ON THE FILE OF THE SUB COURT, THIRUVALLA. RESPONDENT'S EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.21098 Of 2009 ---------------------- Dated this the 6th day of September, 2010. J U D G M E N T Petitioner is the judgment debtor in E.P.No.19 of 2007 in O.S.No.43 of 1999 of the Munsiff Court, Thiruvalla. Ext.P2 is the execution petition. The execution court issued warrant of arrest. Petitioner filed Ext.P4, namely, E.A.No.80 of 2009, praying to permit him to pay the decree debt in monthly instalments of Rs.5,000/- each. Ext.P5 is the order passed in Ext.P4. The execution court found that the outstanding decree debt is approximately Rs.3.5 Lakhs, therefore, the request of the petitioner to pay the decree debt in instalments of Rs.5,000/- cannot be allowed. I find that the learned Sub Judge is justified in rejecting the request of the petitioner vide Ext.P5 order. 2. The petitioner, in order to avoid coercive proceedings, agreed to pay the decree debt in instalments. The learned counsel for the petitioner requested this Court, that the petitioner may be permitted to pay Rs.1 Lakh within two months from today and the balance decree amount in equal monthly W.P.(C).No.21098 Of 2009 ::2:: instalments of Rs.15,000/- each. Since the suggestion is reasonable, this Court is of the view that in the interest of justice, the petitioner shall be given an opportunity to pay off the decree debt in instalments. 3. Accordingly, it is ordered that further proceedings in execution of the decree shall be kept in abeyance provided the petitioner shall deposit Rs.1 Lakh within two months from today and the balance decree amount in monthly instalments of Rs.15,000/-. The instalment amount shall be paid on or before 10th of every month. If the petitioner defaulted in paying the amount of Rs.1 Lakh or any of the instalments as stated above, the execution court shall proceed with the execution by resorting to arrest and detention. 4. The suit was decreed allowing the plaintiff to realise a sum of Rs.1,63,979/- with interest at the rate of 18% on 1,42,800/- from the date of suit till realisation. Learned counsel for the petitioner submitted that the rate of interest decreed is unconscionable and the petitioner is finding it difficult to repay the principal amount with unconscionable rate of interest. W.P.(C).No.21098 Of 2009 ::3:: Learned counsel submitted that his client will file a request before the decree holder seeking permission to pay the principal amount at a reduced rate of interest. If the petitioner submits a request in that respect within a period of two weeks from today, the decree holder/Panchayath shall consider the same and pass appropriate orders as expeditiously as possible, at any rate, within a period of three weeks thereafter. The decree holder shall file a statement showing the balance amount due before the execution court within a period of three weeks from today. The impugned order is set aside. Writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-