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. 10218 of 2010(O) -------------------------- EA NO.21/2010 IN EP NO.312/2006 IN OS.66/2004 of I ADDL.MUNSIFF COURT,THIRUVANANTHAPURAM .................... PETITIONER(S): DEFENDANT/JUDGEMENT DEBTOR ----------------------------------------- JAYARANI W/O.UDAYAKUMAR, THACHAKUDY VEEDU, NEERAZHY LANE, ULLOOR, THIRUVANANTHAPURAM. BY ADV. SRI.RAJESH P.NAIR RESPONDENT(S): PLAINTIFF/DECREE HOLDER -------------------------------------- SANTHOSH.R., S/O.RAMACHANDRAN, MOHANA VILASOM, PANACHIVILAKATHU VEEDU, PATTOM P.O., THIRUVANANTHAPURAM. ADV. SRI.PREMCHAND R.NAIR FOR R SRI.TOJAN J. VATHIKULAM FOR R SRI.V.P.PRASANTH FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.10218/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE PETITION FILED BY THE PETITIONER HEREIN BEFORE THE EXECUTION COURT IN O.S.NO.66 OF2002 EXT.P2 THE CERTIFIED COPY OF THE ORDER DATED 18.1.2010 IN EA NO.21/2010 IN OS 66/.2004 PASSED BY THE EXECUTING COURT. EXT.P3 TRUE PHOTOCOPY OF THE MEMO DATED 5.2.2010 SHOWING THE RECEIPT OF RS.20,000/- BY THE RESPONDENT EXT.P4 TRUE PHOTOCOPY OF THE MEMO DATED 9.33.2010 SHOWING THE RECEIPT OF RS.5,000/- //TURE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.10218 of 2010 -------------------------------------- Dated this the 7th day of June, 2010. JUDGMENT This Writ Petition is in challenge of Ext.P2, order on E.A.No.21 of 2010 in E.P.No.312 of 2006 in O.S.No.66 of 2004 of the court of learned Additional Munsiff-I, Thiruvananthapuram. Petitioner/judgment debtor sought payment of amount due under the decree in installments. Obviously as that was objected by the respondent, executing court as per Ext.P2, order dismissed the application. Hence the Writ Petition. Learned counsel states that petitioner has already paid Rs.30,000/-. But, this is contested by learned counsel for respondent. Petitioner seeks eight months' time to pay off the balance amount. Counsel for respondent is however agreeable to give maximum of six months' time for payment of balance amount due under the decree. Having regard to the facts and circumstances, I am inclined to give petitioner five months' time from 01.07.2010 to discharge the liability under the decree. Resultantly this Writ Petition is allowed, the order under challenge is set aside and E.A.No.21 of 2010 is allowed to the extent that petitioner is permitted to pay the balance amount due under the decree in five equal monthly installments beginning from 01.07.2010. In case there is any two defaults in payment of the installments it will be open to the respondent to proceed with execution notwithstanding the time granted hereby. THOMAS P.JOSEPH, Judge.