IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 WP(C).No. 5031 of 2005(Y) ------------------------- AGAINST THE ORDER IN EP 1655 OF 2003 IN OS.1284/1997 of PRL. MUNSIFF COURT,IRINJALAKUDA .................... PETITIONERS: ------------ 1. SIMON, S/O. THOMAS, KUNNATHUPARAMBIL, POOMANGALAM VILLAGE, EDAKKULAM DESOM, MUKUNDAPURAM TALUK. 2. K.S.PANKAGAN, S/O. KESAVAN, KULAMKOLI HOUSE, GANDHIGRAM DESOM, IRINGALAKUDA VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.RAJESH CHAKYAT SRI.BIJU .C. ABRAHAM RESPONDENT: ------------- DHARMA PRIYA KURIES PVT. LTD., REP. BY ITS MANAGING DIRECTOR, MR.VISWAMBARAN, IRINJALAKUDA VILAGE, MUKUNDAPURAM TALUK. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 5031/05) PETITIONERS' EXTS.: EXT.P1: TRUE COPY OF THE EP NUMBERED 1655/03 DT. 10.11.2003. EXT.P2: TRUE COPY OF THE RECEIPTS DT. 20.8.04, 2.11.2004 & 1.2.05. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.5031 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 16th January, 2008 JUDGMENT The judgment-debtors are petitioners and they challenge the order of arrest passed by the execution court which was for execution of a money decree passed against them and in favour of the respondent-company. This court became inclined to admit the Writ Petition and grant stay of all further proceedings in the E.P. only on condition that a sum of Rs.3000/- is paid within one month from 11.2.2005. Though service of notice is not completed in this Writ Petition, I have reason to think that the respondent-company has been put to notice regarding the pendency of the Writ Petition and hence I am proceeding to dispose of the Writ Petition. The total decree debt is around Rs.15,000/- and one of the prayers in the Writ Petition is that petitioners be permitted to make payment in instalments. In view of that prayer, I dispose of the Writ Petition issuing the following directions: The court below will verify whether petitioners have paid Rs.3000/- towards decree debt within one month from 11.2.2005. If on verification it is seen that the payment has been made, the court below will permit petitioners to pay off the decree debt in equal W.P.C.No.5031/05 - 2 - monthly instalments of Rs.3000/- till such time as the entire amount is paid. The first instalment is payable on 2.4.2008. The instalment facility is extended to the petitioners on condition that in the event of any default, they will forfeit the instalment facility. srd PIUS C.KURIAKOSE, JUDGE