IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 CRP.No. 533 of 2009() --------------------- AGAINST THE ORDER DATED 7.8.2009 IN E.P.233/08 IN OS.425/2000 of MUNSIFF COURT, CHALAKUDY .................... REVN. PETITIONER(S)/IST JUDGMENT DEBTOR: ---------------------------------------- BABY,S/O.POULOSE,FARMER,VENNUR DESOM, ALATHUR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.JOHN VARGHESE SRI.P.M.JOSEPH RESPONDENT(S)/DECREE HOLDER & 2ND JUDGMENT DEBTOR: -------------------------------------------------- 1. KANAKAN TRADERS,SITUATED AT ANNAMANADA DESOM,KALLUR THEKKUMMURY VILLAGE,MUKUNDAPURAM TALUK. 2. POULOSE,FARMER,S/O.MATHEW,NELLIPPILLY HOUSE,VENNUR DESOM,ALATHUR VILLAGE, MUKUNDAPURAM TALUK. ADV. SRI.K.B.PRADEEP FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.2882/09 IN CRP.533/09 DISMISSED. 17.11.2009 SD/- S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- C.R.P.NO.533 OF 2009 (C) ----------------------------------- Dated this the 17th day of November, 2009 O R D E R Petitioner is the 1st judgment debtor in E.P.No.233 of 2008 in O.S.No.425 of 2000 on the file of the Munsiff Court, Chalakudy. Decree executed is one passed in a suit for money, and the 2nd respondent is the co-judgment debtor. In the execution proceedings, warrant was issued against the petitioner/1st judgment debtor and its propriety and correctness is challenged in the revision. 2. Notice given, the 1st respondent/decree holder has entered appearance. I heard the counsel on both sides. At the time of hearing, the only submission made by the learned counsel for the petitioner is for an opportunity to discharge the balance decree debt outstanding in instalments. The learned counsel for the decree holder has no objection in granting that request, provided, reasonable sum is fixed CRP.533/09 2 towards the instalment payment. Pursuant to orders passed in the revision, it is submitted that the petitioner/1st judgment debtor has deposited a sum of Rs.8,000/- towards the decree debt. Principal amount under the decree is stated to be approximately Rs.17,000/-. Having regard to the facts and circumstances presented and the submissions made, the revision petitioner/1st judgment debtor is directed to discharge the outstanding decree debt in three equal monthly instalments of Rs.3,000/- each commencing from next month onwards. The 1st instalment shall be paid on or before 15th December, 2009 and the subsequent payment of two instalments on the 15th of the following months. In the third and final instalment, petitioner/1st judgment debtor shall discharge whatever outstanding amount due under the decree irrespective of the sum fixed towards the instalment payment. In the event of default of even one instalment by the petitioner/1st judgment debtor, the execution court shall straight away proceed for issuing warrant without any further enquiry or request from the decree holder. In case, the 15th of the month fixed as the last day for payment of the instalment CRP.533/09 3 happens to be holiday, the judgment debtor shall make the deposit on the next working day itself. Revision petition is accordingly disposed. S.S.SATHEESACHANDRAN JUDGE prp