IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 OP(C).No. 2299 of 2011(O) ------------------------------------- [E.P.NO. 33/2008 IN OS.NO.94/2007 OF MUNSIFF'S COURT,PATTAMBI, PALAKKAD] .................... PETITIONER: ------------------- VASUDEVAN.K, AGED 49 YEARS, S/O.KRISHNAN, KOLLAYIOL HOUSE, CHEBRA P.O., THIRUVEGAPURA,, OTTAPALAM TALUK, PALAKKAD. BY ADV. SRI.K.R.VINOD. RESPONDENT: ---------------------- VIJAYA BANK, REPRESENTED BY ITS MANAGER, VAVANOOR BRANCH, VAVANNOOR, THRIRUVEGAPURA, OTTAPALAM TALUK, PALAKKAD – 679 101. BY ADV. SMT. LATHA KRISHNAN, S.C. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(CIVIL).NO.2299/2011-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE EXECUTION PETITION IN E.P.NO.33/08 IN O.S. NO. 94/07 FILED BY THE RESPONDENT. EXT.P.2: COPY OF THE AFFIDAVIT FILED BY THE DECREE HOLDER PRAYING TO ISSUE ARREST WARRANT AGAINST THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2299 of 2011 --------------------------------------- Dated this 18th day of July, 2011 JUDGMENT Respondent appears through counsel. 2. Petitioner challenges the order dated 25.05.2011 passed by learned Munsiff-Magistrate, Pattambi in E.P.No.33 of 2008 in O.S.No.94 of 2007 issuing warrant of arrest to the petitioner for his detention in the Civil Prison. Respondent obtained a decree for payment of money and put the decree in execution. According to the petitioner, he is an Assistant Teacher in the AUP school, Karambathur, there are attachments from other cases on his salary and he is unable to pay the amount. He pleaded no means to pay the decree debt. Executing court found that he has sufficient means and issued warrant of arrest. Learned counsel has requested for facility for payment of the decree amount in installments. I have heard learned counsel for respondent also. 3. Having regard to the circumstances stated, I am inclined to grant some respite to the petitioner to pay and grant time to request the executing court to permit him pay the decree amount in installment but, subject to conditions. O.P(C).No.2299 of 2011 -: 2 :- Resultantly this original petition is disposed of in the following lines: (i) Petitioner is permitted to request the executing court for installment facility to discharge the amount due under the decree. (ii) Petitioner shall deposit a sum of `.15000 (Rupees Fifteen Thousand Only) in the executing court for payment to the respondent within two months from this day, paying atleast ½ of the said amount within a month from this day. (iii) Warrant of arrest issued to the petitioner pursuant to the order dated 25.05.2011 will stand in abeyance during the said period of two months or, till default to deposit the amount as above stated, is committed, whichever is earlier. (iv) If the request for payment of the amount in installment is made before the executing court, that Court shall consider the request after hearing counsel for respondent as well. (THOMAS P JOSEPH, JUDGE) Sbna/-