IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 OP(C).No. 480 of 2011(O) ------------------------------- AGAINST THE ORDER DATED 04/12/2010 IN EA-891/2010 IN OS.1843/2004 of II ADDL.M.C.,TRIVANDRUM .................... PETITIONER: ---------------- SELVARAJAN, S/O.DAVID, C L H S LANE, PEROORKADA, THIRUVANANTHAPURAM NOW WORKING AS U D CLERK, ICDP, PLAMOODU, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SASITH PANICKER RESPONDENT(S): -------------------- 1. CANARA BANK, CHALAI BRANCH, THIRUVANANTHAPURAM - 695 004. 2. AJITH KUMAR, ANANDA BHAVAN, VAZHUTHOOR NEYYATTINKARA, THIRUVANANTHAPURAM - 695 005. R1 BY ADV. SRI.PAULY MATHEW MURIKAN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 480/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL COLLEGE. P2: COPY OF EXECUTION PETITION FILED BY THE RESPONDENT BANK. P3: COPY OF ORDER OF WARRANT ISSUED BY THE HON'BLE MUNSIFF COURT. P4: COPY OF ORDER REVIEW PETITION FILED BY THE PETITIONER. P5: COPY ORDER PASSED IN EA891/10 IN O.S. 1843/2004. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.BHAVADASAN, J. ------------------------------------- OP(C) No.480 of 2011 ------------------------------------- Dated this the 24th day of March 2011 Judgment In this Original Petition under Article 227 of the Constitution of India, the following reliefs are sought for : i. to stay all further proceedings in EP No.312/08 in OS No.1843/04 on the files of the II Additional Munsiff's Court, Thiruvananthapuram. ii. Issue an order or direction directing the Executing Court to recover the entire arrear amount in EP No.312/08 in OS No.1843/04 from the salary of the petitioner. iii.Issue an order or direction directing the Execution Court to grant 24 months time to pay entire arrear mentioned in the years recovery entire arrear amount in EP No.312/08 in OS No.1843/04 from the salary of the petitioner. iv.Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. OPC 480/11 2 2. This court, while admitting this OP, had directed the petitioner to deposit a sum of Rs.25,000/- within one month from 03.02.2011. The petitioner has filed IA No.3991/11 pointing out that he could pay only Rs.10,000/- by 28.02.2011 and he requires further time to pay the balance amount. Finally, the petitioner agreed to pay the entire decree amount in monthly instalments. 3. The learned counsel for the first respondent pointed out that the petitioner is capable of paying the balance amount payable in a lump sum and he is deliberately not paying the amount and praying for an instalment facility. 4. Whatever that be, there is an undertaking by the petitioner that he will pay the entire decree amount in 10 equal instalments and in case of default, to pay the entire balance amount in a lump sum. The request of the petitioner seems to be just and reasonable, considering the nature of employment of the petitioner and the amount involved. Therefore, the Original Petition is disposed of OPC 480/11 3 directing the petitioner to pay the entire balance decree debt in ten equal monthly instalments, the first of which shall be paid on or before 15.04.2011 and the remaining instalments to be paid on or before the 15th of every month. If any one of the instalments is defaulted, the first respondent Bank will be at liberty to proceed against the petitioner for recovery of the entire balance amount in a lump sum. P.Bhavadasan, Judge sta OPC 480/11 4