IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 OP(C).No. 974 of 2010(O) ------------------------ AGAINST THE ORDER IN EP.205/2010 IN OS.18/2009 of PRINCIPAL MUNSIFF COURT,KANNUR .................... PETITIONER ------------------------------ P.SHAJITH,S/O.MUKUNDAN,AGED 32 YEARS, PALLIKKAL HOUSE,P.O.AZHEEKKAL,KANNUR-9. BY ADV. SRI.P.U.SHAILAJAN SRI.P.K.MAHESH RESPONDENT(S): --------------- 1. CANARA BANK,SOUTH BAZAR BRANCH, KANNUR-2,REPRESENTED BY ITS SENIOR MANAGER. 2. NAJEEB.N.P.K,S/O.A.P.UMMERKUTTY, FATHIMA MANZIL,P.O.PATTANNUR,KANNUR DISTRICT, PIN-670 595. ADV. SHRI P.GOPINATHA MENON, STANDING COUNSEL - FOR R1 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.974 of 2010 -------------------------------------- Dated this the 2nd day of December, 2010. JUDGMENT Judgment debtor No.1 in E.P.No.205 of 2010 in O.S.No.18 of 2009 of the court of learned Principal Munsiff, Kannur is the petitioner before me. The only request made by learned counsel is for grant of time for payment of the amount and recall warrant of arrest issued to the petitioner in the meantime. 2. I have heard learned counsel for respondent No.1 also. Learned counsel is not agreeable to granting so much time as requested by learned counsel for petitioner. 3. As per the execution petition amount due as on that day was Rs.99,102/- with further interest and cost. Petitioner states that he has already paid Rs.10,000/- to respondent No.1 directly and another sum of Rs.10,000/- through counsel. Petitioner filed E.A.No.618 of 2010 to recall warrant of arrest issued to him and on 16.11.2010 petitioner's counsel omitted to represent the matter in court and hence there was an order to repeat warrant of arrest. Petitioner filed E.A.Nos.624 of 2010 and 625 of 2010 to advance hearing of execution petition and recall the warrant of arrest. Those applications stand posted on 10.12.2010. Petitioner is now under the threat of arrest. Learned counsel states that petitioner may be given ten (10) months time to pay the amount in installments. OP(C) No.974/2010 2 4. Having heard counsel on both sides I am inclined to grant six (6) months time from 15.12.2010 to pay the amount due under the decree. Resultantly this petition is disposed of in the following lines: Petitioner is granted six (6) months time from 15.12.2010 to pay the amount due under the decree. Warrant of arrest issued to the petitioner will stand in abeyance during the said period subject to the following conditions: (a) Petitioner shall pay the amount due under the decree in six (6) equal monthly installments beginning from 15.12.2010 provided that by the last installment entire amount due under the decree shall be paid. (b) Amount shall be deposited in the court below on the 15th of every month and in case 15th happens to be a holiday deposit shall be made on the next working day. (c) In case there is default in payment of any installment or the entire amount due under the decree is not paid within the time aforesaid, it will be open to respondent No.1 to proceed with personal execution against petitioner without any further enquiry as to means of petitioner. THOMAS P.JOSEPH, Judge. cks