IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 3823 of 2008(E) ------------------------- AGAINST THE ORDER IN EP.160/2006 IN OS.491/2003 of MUNSIFF COURT, NORTH PARAVUR .................... PETITIONERS: ---------------- 1. LILLY, AGED 65 YEARS, W/O.KAIMATHIRUTHY CHEEKKU, PUTHENVELIKKARA, PUTHENVELIKKARA VILLAGE, ERNAKULAM. 2. JOSEPH, S/O.PAYYAPPILLY CHEEKU, THIRUTHIPURAM KARA, PUTHENVELIKKARA. 3. HARIHARAN, S/O.MALLAMPARAMBIL KRISHNAN, THIRUTHIPURAM KARA, PUTHENVELIKKARA VILLAGE. BY ADV. SRI.P.K.SAJEEV RESPONDENT: --------------- ST.THOMAS MARANAVASYA SAHAYA SANGHAM, THIRUTHOOR, PUTHENVELIKKARA, REG.NO.255/86, REPRESENTED BY ITS MANAGING DIRECTOR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 3823 OF 2008 = = = = = = = = = = = = = = = Dated this the 1st day of February, 2008. J U D G M E N T This writ petition is filed seeking for a direction to the Court below to keep Rule 37 notice in abeyance. A perusal of the records produced in the writ petition would show that this Court had shown sufficient indulgence and had directed the judgment debtor to wipe off the liability within a period of four months from 3.7.07. It is true that some payments are made thereafter but not the entire amount. So the Court below correctly ordered arrest under the provisions of Code of Civil Procedure. Now the learned counsel for the writ petitioner submits that if a month's time is given his party will be in a position to wipe off the entire liability. There is no point in sending two persons to jail when they are willing to pay the amount. Therefore I direct the Court below not to execute the warrant of arrest till 10.3.2008 and in the meanwhile writ petitioners shall pay the amount to the W.P.C. 3823 of 2008 -:2:- decree holder. In case of default the Court can issue warrant of arrest on 10.3.2008 itself for realisation of the decree debt. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-