IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 CRP.No. 310 of 2005() --------------------- AGAINST THE ORDER DATED 01/03/2005 IN EP. 300 /2003 IN OS.1/2002 of PRL.SUB COURT,TRIVANDRUM .................... REVN. PETITIONER: JUDGMENT DEBTOR; -------------------------------------------- R.S.NAIR, T.C. 25/940, VISHAKOM ARISTO JUNCTION, THAMBANOOR EAST, THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN SRI.SASITH.M.R RESPONDENTS: DECREE HOLDER: ------------------------------------- BANK OF INDIA, THIRUVANANTHAPURAM MAIN BRANCH, REPRESENTED BY ITS BRANCH MANAGER. BY ADV. SRI.L.MOHANAN SRI.P.BALACHANDRAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/01/2008, THE COURT ON 30/01/2008 PASSED THE FOLLOWING: CRP 310/2005 ORDER ON IA NO.865/2005 IN CRP NO.310/2005 DISMISSED. 30/01/2008 SD/- (K.T.SANKARAN, JUDGE) // TRUE COPY // PA TO JUDGE. jg K.T.SANKARAN, J. ------------------------- C.R.P. No. 310 of 2005 --------------------------------- Dated, this the 30th day of January, 2008 O R D E R The revision petitioner is the judgment debtor. The Execution Petition was filed by the respondent Bank for realisation of the decree amount, by arrest and detention of the judgment debtor in civil prison. Before the Executing Court, the judgment debtor had no case that he has no means to pay the decree debt. The learned counsel for the petitioner submits that an application was pending before the Trial Court for setting aside the exparte decree passed against the petitioner and therefore the petitioner prayed for keeping in abeyance the proceedings in execution till the application was disposed of. The court below by the order impugned ordered warrant to be issued for the arrest of the petitioner. 2. The learned counsel for the respondent submits that the application filed by the petitioner for setting aside the exparte decree was dismissed on 01/03/2005 and that order has become final. There is no other ground justifying the execution proceedings to be kept in abeyance. 3. While admitting this civil revision petition, interim stay was granted on condition that petitioner pays a sum of Rs.30,000/- C.R.P.310/2005 -2- to the decree holder within two months from 14/03/2005. It is submitted that the amount was paid. 4. In the facts and circumstances of the case, the petitioner is granted two months' time from today to pay off the decree amount. The warrant shall be kept in abeyance for a period of two months. It is made clear that the order passed by the Executing Court or the order in this revision will not preclude the petitioner from approaching the Bank for One Time Settlement, if One Time Settlement is otherwise possible. (K.T.SANKARAN, JUDGE) jg