IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 2575 of 2010(O) ------------------------------------- [E.P.NO. 190/2009 IN OS.NO.95/2009 OF MUNSIFF'S COURT, KASARAGOD] .................... PETITIONERS: --------------------- 1. K.P.SASIDHARAN, AGED 44 YEARS, S/O.LATE K.V.KUNHIKANNAN, R/AT KALLINGAL HOUSE, PO.CHITHARI, HOSDURG TALUK, KASARGOD DISTRICT. 2. U.SREEDHARAN, AGED 55 YEARS, S/O.LATE P.V.KELU VALEYAR, R/AT BADRIYA QUARTERS, NEAR POST OFFICE, BOVIKANAM, MULIYAR VILLAGE, KASARGOD DISTRICT. BY ADV. MR.SURESH KUMAR KODOTH. RESPONDENT: ---------------------- THE CORPORATION BANK, BOVIKANAM BRANCH, REPRESENTED BY ITS MANAGER SRI.SRIDHARAN K.P, BOVIKANAM, POST MULIYAR, KASARGOD DISTRICT. BY ADV. MR.VIVEK VARGHESE P.J. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 2575 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 15th day of February, 2010 JUDGMENT In this writ petition the petitioners seek to have Ext.P3 order dated 7-1-2010 in E.P. No.190 of 2009 in O.S. No.95 of 2009 pending before the Munsiff's Court, Kasaragod set aside. 2. Petitioners are the judgment debtors and the respondent is the decree holder in O.S. No.95 of 2009 before the Munsiff's Court, Kasaragod. It was a money decree. The amount claimed in the Execution Petition is Rs.44,686/- with interest at the rate of 10% per annum from 19-3-2009 to 22- 10-2009 on Rs.30,725/- with future interest till realization. 3. The grievance of the petitioner is that without enquiry into the means to pay the decree debt, all further proceedings have been initiated illegally. Before this Court the only prayer made by the petitioners are that they may be given six months time to pay the amount in instalments. W.P.(C) No. 2575/2010 2 4. The learned counsel appearing for the respondent is not amenable to the above request. 5. The request made by the petitioners is just and reasonable. The petitioners are directed to pay the entire decree amount in six equal monthly instalments. The first instalment shall be made on or before 15th of March, 2010 and the subsequent instalment shall be made on 15th of every succeeding month. In case if the petitioners default of payment of any of the instalment, the respondent is entitled to realize the entire decree amount in lump forthwith. This writ petition is disposed of as above. P.BHAVADASAN, JUDGE. mn.