IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 OP(C).No. 1260 of 2010(O) ------------------------- AGAINST THE ORDER EP 128/2009 IN OS.22/2008 of SUB COURT, PALA .................... PETITIONERS: -------------------- 1. SHUKOOR MUHAMMED ,S/O.ASSANKARY RAWTHER BUNGLOWPARAMBIL, P.B.NO.38, KANJIRAPPILLY VILLAGE, KOTTAYAM DIST. 2. V.G.SHAJI,S/O.GOVINDAN VANDANPURATH HOUSE, THANPALAKKADU, KANJIRAPPILLY VILLAGE. 3. E.A.MOHAMMED, S/O.ALAVIKUTTY EDATHIL HOUSE, YENDAYAR KARA KOOTIKAL PO KOTTAYAM DT. BY ADV. SRI.S.PRASANTH SRI.JAGADEESH LAKSHMAN RESPONDENT: --------------- STATE BANK OF TRAVANCODE REPRESENTED BY ITS MANAGER, KANJIRAPPILLY BRANCH, KOTTAYAM. DT. SRI.K.S.DILIP, SC. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOW ING: P.S.GOPINATHAN, J. ---------------------- O.P.(C)No.1260 OF 2010 --------------------------- Dated this the 23rd day of December, 2010 J U D G M E N T ~~~~~~~~~~~ Assailing Ext.P1 order issued by the Sub Judge, Pala, whereby the objection of the writ petitioners against the prayer for arrest and detention was overruled and the respondent/decree holder was permitted to proceed further by arrest and detention of the writ petitioners, this Original Petition was filed. 2. Having heard either side, it is revealed that nearly Rs.1,60,000/- is due and that the writ petitioners are employed in the office of the local authority. It cannot be said that the writ petitioners are having no means to pay the decree debt. But, it didn't appear that they could pay in lump. The learned counsel for the respondent submitted that the writ petitioners together are prepared to pay the amount at the rate of Rs.16,000/- per month. O.P.(C) No.1260/2010 2 3. In the above circumstance, this Petition is disposed of allowing the writ petitioners to remit the decree amount in monthly instalments @ Rs.16,000/- commencing from 1.1.2011. In the event, the writ petitioners default two consecutive instalments, the respondent is at liberty to proceed with the execution including arrest and detention. The writ petitioners shall file an affidavit before the execution court undertaking to pay the decree amount in monthly instalements @ Rs.16,000/- within three weeks. If the writ petitioners file an affidavit and honours the undertaking, the execution court shall keep coercive steps in abeyance. Or else, execution proceedings shall be continued as per rules. The Original Petition is disposed of as above. (P.S.GOPINATHAN, JUDGE) ps