IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 OP(C).No. 3786 of 2011(O) ------------------------- AGAINST THE ORDER IN EP 498/2008 IN OS.421/2008 of II ADDL.SUB COURT,THRISSUR .................... PETITIONERS/JUDGMENT DEBTORS/DEFENDANTS (S): -------------------- 1. C.A.FRANCIS, AGED 68 YEARS, S/O.ANTONY, CHIRAKKEKARAN HOUSE, CHIYYARAM VILLAGE, KURIYACHIRA P.O., THRISSUR DT. 2. ANTONY, CHIRAKKEKARAN HOUSE, CHIYYARAM VILLAGE, KURIYACHIRA P.O., THRISSUR DT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S)/DECREE HOLDERS/PLAINTIFF: --------------- VYAPARAVIJAYAM CHITS AND LOANS KERALA (P) LTD., THRISSUR, CHEMBOOKAVU P.O., THRISSUR, REP. BY ITS CHAIRMAN, SRI C.T.JOSE, AYYANTHOLE VILLAGE, THRISSR TALUK, AYYANTHOLE P.O., THRISSUR – 680003. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.3786/2011 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE EP NO.498/2008 IN OS 421/2008 ON THE FILE OF THE 2ND ADDL. SUB COURT, THRISSUR DATED 17.09.2008 EXT.P2 TRUE COPY OF OBJECTION FILED BY THE PETITIONERS IN EP NO.498/2008 IN OS 421/2008 ON THE FILE OF THE 11ND ADDL.SUB COURT, THRISSUR. EXT.P3 TRUE COPY OF THE ORDER IN EP NO.498/2008 IN OS 421/2008 ON THE FILE OF 2ND ADDITIONAL SUB COURT THRISSUR DATED 16.08.2011 //TRUE COPY// THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3786 of 2011 ==================================== Dated this the 21st day of November, 2011 J U D G M E N T Petitioners are judgment debtors 2 and 3 in E.P. No.498 of 2008 in O.S.No.421 of 2008 of the court of learned Additional Sub Judge, Thrissur. Respondent obtained a decree for recovery for money against petitioners and others and that decree was put in execution. Respondent sought personal execution against petitioners. Executing court passed Ext.P3, order for issue of warrant finding that petitioners have sufficient means. Request in this petition is to grant time to the petitioners pay the amount. Learned counsel submitted that after Ext.P3, order dated 16.08.2011 petitioner paid Rs.50,000/- (Rupees Fifty thousand only) on 02.09.2011 and another sum of Rs.25,000/- (Rupees Twenty Five thousand only) on 22.10.2011. Now the case is posted on 23.11.2011 for payment of the balance amount and return of warrant. 2. Having heard learned counsel, I am inclined to allow petitioners request the executing court for facility to pay the amount due in installments. To facilitate that I am inclined to O.P(C) No.3786 of 2011 -: 2 :- grant some time. Original Petition is disposed of as above. (a) Petitioners are permitted to request the executing court for facility to pay the amount due in installments. If any such request is made, the executing court shall decide the same after hearing the respondent also. (b) Warrant of arrest issued to petitioners will stand in abeyance for a period of one month from 23.11.2011 subject to the following conditions. (i) That petitioners pay/deposit in the executing court for payment to the respondent Rs.25,000/- (Rupees Twenty five thousand only) on or before 23.11.2011. (ii) That petitioners pay/deposit in the executing court for payment to the respondent Rs.25,000/- (Rupees Twenty five thousand only) within three weeks from this day. (iii) In case any of the the above condition is not complied it O.P(C) No.3786 of 2011 -: 3 :- will be open to the executing court to proceed with execution pursuant to Ext.P3, without any enquiry regarding means of petitioners. THOMAS P. JOSEPH, JUDGE. vsv