IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 OP(C).No. 4070 of 2011(O) -------------------------------------- EP.NO. 248/2011 IN OS.429/2008 of ADDL.MUNSIFF COURT, IRINJALAKUDA .................... PETITIONER ---------------------- C.P.THOMAS, AGED 45 YEARS, S/O. PATHROSE, CHELAKKAPPILLY HOUSE, MELOOR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.K.S.RAJEEV (ALUVA) RESPONDENT(S): --------------------------- THE SOUTH INDIAN BANK LTD., PERAMBRA BRANCH, PERAMBRA, THRISSUR DISTRICT. BY ADV.SRI.GEORGE VARGHESE,SC, SIB BANK THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.4070/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 : TRUE COPY OF IMPOUND ORDER DTD. 17.10.2011. EXT.P2 : TRUE COPY OF SALARY CERTIFICATE OF THE PETITIONER. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P.JOSEPH, J. ==================================== O.P(C) No.4070 of 2011 ==================================== Dated this the 13th day of December, 2011 J U D G M E N T Petitioner is the first judgment debtor in E.P. No.248 of 2011 in O.S. No.429 of 2008 of the court of learned Additional Munsiff, Irinjalakuda. Respondent obtained a money decree against petitioner and two others who are sureties of petitioner. In execution of the decree learned Munsiff as per Ext.P1, order attached salary of petitioner and the sureties at the rate of Rs.1800/-, Rs.1,125/- and Rs.1,125/- respectively, per month for 15, 24 and 25 months respectively. Petitioner says that he is prepared to pay the entire amount covered by Ext.P1, order and hence attachment of salary of the sureties may be kept in abeyance. Petitioner is prepared to pay at the rate of Rs.4,050/- per month which is the amount covered by Ext.P1, order. 2. Learned counsel for respondent submitted that the sureties whose salaries have been attached are not parties to this proceeding. Learned counsel is of the opinion that if petitioner could pay the entire amount due in ten equal installments, relief may be granted to the petitioner. Learned counsel for petitioner O.P(C) No.4070 of 2011 -: 2 :- then requested that he may be granted 15 installment to pay the amount due. Having heard counsel on both sides I am inclined to think that petitioner could be permitted to pay the amount due under the decree in 12 equal monthly installments beginning from 10.01.2012. Resultantly, Original Petition is disposed of as follows: (1) Petitioner is permitted to pay/deposit in the executing court for payment to the respondent the entire amount due under the decree in 12 (twelve) equal monthly installments beginning from 10.01.2012 provided that by the last installment entire amount due is paid/deposited. (2) Payment/deposit shall be made on or before 15th of every month and in case that day happens to be a holiday payment/deposit shall be made on the next working day. (3) In case there is any two default of O.P(C) No.4070 of 2011 -: 3 :- payment/deposit of the installment, Ext.P1, order will stand revived for the period remaining after the attachment already effected. (4) Exhibit P1 order dated 17.10.2011 attaching salary of petitioner and the sureties will stand in abeyance for the said period of twelve (12) months from 10.01.2012 or till default as above stated is committed, whichever is earlier. THOMAS P. JOSEPH, JUDGE. vsv