IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23484 of 2011(I) -------------------------- E.P.NO.497/04 IN OS.278/1999 of ADDL.SUB COURT,NORTH PARAVUR .................... PETITIONER(S): ------------------------ 1. ANANDAN, S/O.KUTTAN, AGED 72, VALIYAPARAMBIL, PUTHEN VELIKKARA DESOM, PUTHEN VELIKKARA VILLAGE, PARAVOOR TALUK. 2. SABU, AGED 37, S/O.ANANDAN, VALIYAPARAMBIL, PUTHEN VELIKKARA DESOM, PUTHEN VELIKKARA VILLAGE, PARAVOOR TALUK. BY ADVS. SRI.S.VIDYASAGAR, SRI.K.K.CHANDRADAS, KUM.D.MINI RAJAN. RESPONDENT(S): --------------------------- 1. ANGAMALY KURIES AND LOANS (P) LIMITED LOKAMALLESWARAM DESOM, LOKAMALLESWARAM VILLAGE, KODUNGALLOR TALUK REPRESENTED BY ITS CHAIRMAN, RAVEENDRAN, AGED 53 YEARS, S/O.KURAMAN THEVALLIL, PALAKKAPARAMBIL, WEST VEMBALLOOR, SREENARAYANA PURAM VILLAGE, KODUNGALLOOR TALUK - 678 502. 2. MANAGING DIRECTOR, ANGAMALY KURIES (P) LTD., BABU, AGED 57 YEARS, S/O.KUMARAN, THEVALLIL, PALAKKAPARAMBIL, WEST VEMBALLOOR, SREENARAYANA PURAM VILLAGE, KODUNGALLOOR TALUK - 678 502. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23484/2011 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF E.P.497/04 IN O.S.278/99 ADDL.SUB COURT, NORTH PARAVOOR. P2: APPLICATION FOR RULE 37 NOTICE FILED BY RESPONDENT KURI COMPANY. P3: OBJECTION JD 1 BY TO RULE 37 NOTICE DTD. 22/08/2005. P4: OBJECTION BY JD2 DTD. 2/11/2005. P5: COPY OF ORDER DTD. 6/08/11 ISSUED FOR EXECUTING ARREST WARRANT AGAINST PETITIONERS IN E.P.497/04 IN O.S.278/99 ADDL.SUB COURT, NORTH PARAVOOR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.23484 of 2011 -------------------------------------- Dated this the 31st day of August, 2011. JUDGMENT Notice to the respondents is dispensed with in view of the decision I propose to take in this proceeding. 2. Petitioners are judgment debtors in E.P.No.497 of 2004 in O.S.No.278 of 1999 of the court of learned Additional Sub Judge, North Paravur. Respondents are executing a money decree against petitioners. By Ext.P2, application respondents wanted personal execution against petitioners. Petitioners paid certain amounts. The executing court issued Ext.P5, order to issue warrant of arrest to the petitioners. The prayer in this petition is to direct the executing court to issue a copy of the order dated 06.08.2011 in E.P.No.497 of 2004 and in the meantime keep execution proceedings in abeyance. 3. When the matter came up for hearing learned counsel submitted that petitioners are prepared to pay the amount due under the decree if three (3) months' time is given. It is also requested that warrant of arrest issued to the petitioners may be kept in abeyance during the said period of three months. Having heard learned counsel I am inclined to allow the request. Resultantly this Original Petition is disposed of in the following lines: WP(C) No.23484/2011 2 i. Petitioners are permitted to pay the amount due under the decree in three equal monthly installments beginning from 01.10.2011 onwards provided that by the last installment, the entire amount due is paid. ii. Payment/deposit for payment to the respondents in the executing court shall be made on or before the 5th of each month. If that day happens to be a holiday, such payment/deposit shall be made on the next working day. iii. In case of default in payment of any one installment, it will be open to the executing court to proceed with execution pursuant to the order passed by it without any further enquiry as to means. iv. The warrant of arrest issued to the petitioners shall remain in abeyance during the said period of three months or till there is default in payment/deposit as above stated, whichever is earlier. THOMAS P.JOSEPH, Judge. cks