IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 10304 of 2007(B) -------------------------------------- AGAINST THE ORDER DATED / / IN EP 2102/2004 IN OS.1593/1993 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER(S): ----------------------- 1. BHASKARAN, S/O.PONGAMAN VILA (H), THETTUMPALAM, PANANCHERY, THRISSUR. 2. SHEJIMON, S/O.BHASKARAN, -DO- -DO- BY ADV. MR.K.A.SREEJITH RESPONDENT(S): ------------------------ SAYOOJYA KURIES P.LTD., ADAM BAZAR, THRISSUR. ADV. MR. P.K.SAJEEV THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1034/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE EP 2102/04 FILED BY THE RESPONDENT IN OS. 1593/03. P2:- COPY OF THE COUNTER TO EXT.P1 FILED BY PETITIONERS. P3:- COPY OF THE REPLY AFFIDAVIT FILED BY THE RESPONDENT. P4:- COPY OF THE E.P. 246/07 FILED BY RESPONDENT PRAYING SAME RELIEF AS IN EXT.P1. P5:- COPY OF THE PETITION TO ISSUED ORDER COPY URGENTLY. /TRUE COPY/ P.S.TO JUDGE tss P.N.Ravindran, J. ================== W.P.(C) No.10304 of 2007 ===================== Dated this the 12nd day of February, 2009. JUDGMENT Heard both sides. The judgment debtors in O.S.No.1593 of 2003 on the file of the Court of the Munsiff of Thrissur are the petitioners in this Writ Petition. The respondent is the decree holder. In execution of a decree for money passed way back in the year 2003, the respondent moved for arrest and detention of the petitioners in the civil prison. The amount claimed in the execution petition was the sum of Rs.1,03,802/- as on 18.11.2004. 2. The petitioners resisted the application contending inter alia that they have no means to pay the decree debt or any part thereof. While admitting this Writ Petition, this Court had passed an interim order staying the execution of the order passed by the Execution Court subject to the condition that the petitioners shall deposit the sum of Rs.50,000/- in the execution court to the credit of the suit. It is brought to my notice that the petitioners have deposited the sum of Rs.50,000/- as directed by this Court. 3. The learned counsel appearing for the petitioners submits that the petitioners are prepared to pay the balance decree debt in instalments and that they may be granted a reasonable time to pay the WP(C) 10304/07 -: 2 :- decree debt in instalments. The learned counsel appearing for the respondent decree holder does not seriously dispute the said submission. Having regard to the willingness expressed by the petitioners to pay the decree debt in instalments and taking note of the fact that they have deposited the sum of Rs.50,000/- in compliance with the interim order passed by this Court, I am inclined to grant the petitioners an opportunity to pay the balance decree debt in instalments. 4. The amount claimed in the execution petition is Rs.1,03,802/- as on 18.11.2004. The respondent is a company engaged in conducting chits and kuries. According to the respondent, further amounts are due by way of interest after 18.11.2004. However, in view of the willingness expressed by the petitioners to pay the decree debt in instalments, I feel that the amount payable by the petitioners to the respondent in full and final satisfaction of the decree in O.S.No.1593 of 2003 should be determined as Rs.1,05,000/-. The petitioners have deposited Rs.50,000/- pursuant to the interim order passed by this Court. The balance amount of Rs.55,000/- shall be paid by the petitioners in six equal monthly instalments commencing from 16.3.2009 onwards. If the petitioners commit default in the payment of any two consecutive instalments, the order passed by the court below shall stand revived and it will be open to the respondent to proceed with the execution petition for realisation of the balance amount due from the petitioners. 5. It will be open to the respondent to withdraw the sum of WP(C) 10304/07 -: 3 :- Rs.50,000/- already deposited by the petitioners and also the amounts deposited hereafter. In the event of the petitioners paying the balance amount of Rs.55,000/- in six equal monthly instalments as directed above, the decree in O.S.No.1593 of 2003 shall stand satisfied and the respondent shall file an application in the court below, to record full satisfaction of the decree. The Writ Petition is disposed of as above. No costs. P.N.Ravindran, Judge. ess 19/2