IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 32998 of 2008(C) -------------------------- AGAINST THE ORDER IN EP 1383 /2006 IN OS.53/1999 of III ADDL. M.C.,THRISSUR .................... PETITIONERS: --------------- 1. DAVI ATTOKARAN, S/O. ATTOKARA FRANCIS, PARAVATTANI, OLLUKKARA, THRISSUR DISTRICT. 2. JOSE ATTOKKARAN, S/O. ATTOKKARA FRANCIS, PARAVATTANI, OLLUKKARA, THRISSUR DISTRICT. 3. GEORGE ATTOKARAN, S/O. ATTOKKARAN FRANCIS, PARAVATTANI, OLLUKKARA, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENT: --------------- JANASKATHI LOANS & CHITTIES (P) LTD., THRISSUR REP. BY ITS CHAIRMAN, K.A.DAVIS. ADV. SRI.G.SREEKUMAR (CHELUR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO. 32998 OF 2008 ------------------------------------------ Dated 6th February 2009 JUDGMENT Additional Munsiff, Thrissur directed arrest of the writ petitioners finding that they have sufficient means to pay the decree debt in O.S.53/1999 and they neglected to pay. That order of the executing court in E.P.1383/2006 is challenged in the writ petition. As per the interim order dated 10/11/2008 judgment debtors were directed to pay monthly instalments at the rate of Rs.7,500/- beginning with 5/12/2008. 2. Learned counsel appearing for judgment debtors/writ petitioners submitted that three instalments as directed has already been deposited in court. Learned counsel appearing for respondent/decree holder admitted this fact. 3. Judgment debtors are permitted to pay the balance decree debt in monthly instalments at the rate of Rs.5,000/-. First instalment shall be on 5/3/2009 and the remaining on the fifth day of every month. If the judgment debtors default two consecutive WPC 32998/08 2 instalments, decree holder is entitled to execute the decree by detention of judgment debtors in civil prison. Writ petition is disposed of accordingly. M.SASIDHARAN NAMBIAR, JUDGE. uj.