IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 CRP.No. 13 of 2008 --------------------------- OS.302/1998 OF MUNSIFF COURT, CHITTUR. .................... REVN. PETITIONER/ JUDGMENT DEBTOR NO.1: --------------------------------------------------------------------- SIVAPRAKASH, S/O RANGASWAMY NADAR, VALIYAVALLAMPATHY VILLAGE, CHITTUR, PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. ADV. SRI.LIJU. M.P. RESPONDENTS/ DECREE HOLDER & JUDGMENT DEBTOR NO.2: --------------------------------------------------------------------------------------------- 1. R.NARAYANASWAMY, S/O RAMAYYER, LANKESWARAM GRAMAM, CHITTUR, PALAKKAD. 2. RAMACHANDRAN, S/O VELUKUTTY MANNADIAR, LANKESWARAM GRAMAM, CHITTUR, PALAKKAD. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.R.P. NO. 13/2008: ORDER ON I.A. NO. 38/08 IN C.R.P. NO. 13/2008 DISMISSED 04/01/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 13 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. O R D E R This revision petition is preferred against the order of the Munsiff, Chittur in E.P.212/06 in O.S.302/98. The Court below has ordered arrest warrant against the revision petitioner. It is submitted that the revision petitioner is in a very poor financial circumstance and therefore he has no means to pay the amount. The Court below found that he is a man with means having 3.38 acres of land which is a coconut garden. For the very same decree execution proceedings are initiated by attachment of the property as well. So really this is a case of simultaneous execution for the realisation of the same decree amount. The learned counsel in fairness submit that if some reasonable time is granted his client will be in a position to pay the liability. Therefore, taking into consideration those circumstances I am inclined to grant some time for payment. Therefore the C.R.P. is disposed of as follows. CRP NO. 13 of 2008 -:2:- (1) The revision petitioner is directed to pay the amount in five monthly equal instalments. (2) The first instalment has to be paid on or before 22.2.08 and balance from 22.3.08 onwards. If there is default of the payment of the first instalment or two consecutive instalments thereafter the benefit conferred upon the revision petitioner will stand cancelled. (3) Since time is given the Court below is directed to keep the warrant of arrest pending without execution. M.N. KRISHNAN, JUDGE. ul/-