IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 23978 of 2007(D) ---------------------------------------- OS.101/1994 of I ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: -------------------- P. LAILA, SIMLA, TC.17/1737, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV RESPONDENTS: ----------------------- M/S. KARSHAK ROADWAYS (P) LTD., TC 14/1937, SUNNY MADE LANE,THIRUVANANTHAPURAM, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, N.R.DAS, ACCOUNTS MANAGER, KARSHAK ROADWAYS (P)LTD RESIDING AT ARCHANA, KARAMANA,THIRUVANANTHAPURAM. BY ADV. SRI.A.V.THOMAS SRI.JOJO GEORGE SRI.NIDHI SAM JOHNS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23978/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1- COPY OF THE E.P. NO.287/04 IN OS. NO.101/1994. EXT.P2:- COPY OF THE ORDER DT. 12.7.2005 IN EP. 287/04 IN OS. NO.101/94. EXT.P3:- COPY OF THE EP. NO.313/05. EXT.P4:- COPY OF THE OBJECTIONS DT. 4.7.06 FILED IN EXT.P3 E.P. EXT.P5:- COPY OF THE ORDER DT./ 21.6.07 IN EP. NO.313/05 IN OS. NO.101/94 ON THE FILE OF THE FIRST ADDITIONAL SUB COURT OF THIRUVANANTHAPURAM. /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 23978 OF 2007 = = = = = = = = = = = = = = = Dated this the 24th day of January, 2008. J U D G M E N T This writ petition is filed against the order of the I Addl. Subordinate Judge, Thiruvananthapuram whereby he found that Rs.2,81,412/- is due from the judgment debtor and therefore directed the decree holder to take further steps. Heard the counsel for the writ petitioner as well as the decree holder. It is fairly submitted that if sufficient time is given the writ petitioner will be in a position to pay the amount. I feel indulgence can be shown in the matter and therefore the writ petition is disposed of as follows. 2. The writ petitioner is directed to make the balance payment in six monthly equal instalments and the first instalment is to be paid on 25.2.08 and the subsequent instalments on the 25th of every English month. If there is default of payment of the first instalment and thereafter of W.P.C 23978 OF 2007 -:2:- any two consecutive instalments, he will loose the benefit granted to him and the decree holder will be at liberty to take further steps for realisation of the amount from the judgment debtor. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-