IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 CRP.No. 457 of 2011() --------------------- AGAINST THE ORDER IN EP 59/2010 IN TMCOS.2627/2007 of MUNSIFF COURT, CHALAKUDY .................... REVN. PETITIONER(S)/JUDGMENT DEBTOR: --------------------- MUHAMMED HANEEFA, S/O.KANDOORUMADATHIL KUNJU MOIDHEEN, KANDOORUMADATHIL HOUSE, ANNAMANADA DESOM, ANNAMANADA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S)/DECREE HOLDER: --------------- M/S.PRIM GROOP CHRISTAFAR NAGAR, OLLUR, THRISSUR DISTRICT, PIN 680306. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- C.R.P. No.457 of 2011 -------------------------------------- Dated this the 20th day of October, 2011. ORDER Petitioner is the judgment debtor in E.P.No.59 of 2010 of the court of learned Munsiff, Chalakkudy where decree in T.M.C.O.S.No.2627 of 2007 is being executed by the respondent. Respondent obtained a money decree against petitioner and sought personal execution. Petitioner contended that the has no means, that he is suffering from various illness and is unable to do any work. The representative of the 1st respondent gave evidence as PW1 and stated that petitioner owns 50 cents of land. He proved Ext.A1, copy of building tax receipt issued to the petitioner from the local Panchayat. Petitioner did not adduce any contra evidence. Executing court found means with the petitioner and ordered warrant of arrest to him. Order dated 21.07.2011 is under challenge. 2. Learned counsel contends that petitioner does not own any property and that his only property was gifted in favour of his sons years back. Unfortunately the assessment of building happened to be in the name of petitioner. 3. Petitioner did not adduce any evidence in the executing court. The only evidence available with the executing court was the oral evidence of PW1 and Ext.A1 from which the executing court found that petitioner has means. Ext.A1 shows that petitioner has been assessed by the local authority in respect CRP No.457/2011 2 of the building referred to therein. That is prima facie evidence of means of petitioner as held by this Court in Kuppuswamy v. P.G.Menon (1992 (2) KLT 203). In the circumstances I do not find reason to interfere with the order of the executing court. 4. Learned counsel requested that this Court having refused to interfere with the order of executing court petitioner may be permitted to pay the decree amount in installments. According to the learned counsel petitioner is unable to pay the amount in lump. 5. The request for payment of the decree amount in installments has to be made in the executing court and if made, the executing court shall decide that request after hearing counsel for respondent. Petitioner is permitted to request for installment facility in the executing court. To facilitate that, I am inclined to direct that the warrant of arrest issued to petitioner will stand in abeyance for a period of one month from this day but, subject to condition. Resultantly this civil revision is disposed of as follows: i. Warrant of arrest issued to the petitioner will stand in abeyance for a period of one month from this day subject to the condition that petitioner pays/deposits in the executing court for payment to the respondent `10,000/- (Rupees ten thousand only) within a period of three weeks from this day. ii. In case the above condition is not complied, it will be open to the executing court to proceed with the warrant of arrest pursuant to the order CRP No.457/2011 3 dated 21.07.2011. iii. Petitioner is permitted to request the executing court for facility to pay the amount due under the decree in installments. If any such request is made before the executing court, learned Munsiff, Chalakkudy shall consider that request having regard to the circumstances stated by petitioner and pass appropriate orders after hearing the respondent also. THOMAS P.JOSEPH, Judge. cks