IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 19992 of 2009(O) -------------------------- AGAINST THE ORDER DATED 29/05/2009 IN EP 86/2004 IN OS.161/2003 of MUNI-MAGI.COURT,THODUPUZHA .................... PETITIONER(S): --------------- P.R.RATHEESHKUMAR, AGED 43 YEARS, S/O.RAVI, PATHANAKUNNEL, THEKKUMBHAGOM, THODUPUZHA TALUK. BY ADV. MR.K.S.HARIHARAPUTHRAN MR.M.D.SASIKUMARAN MR.GEORGE MATHEW RESPONDENTS: --------------- 1. THE SOUTH INDIAN BANK LTD., MUTHALAKKODAM BRANCH, REPRESENTED BY ITS BRANCH MANAGER. 2. T.K.JANARDHANAN NAIR, S/O.KESAVAN NAIR, DISTRICT EDUCATION OFFICE, THODUPUZHA. 3. P.K.THANKAPPAN, S/O.KESAVAN, PATHANAKUNNEL (H), KANJIRAMATTAM KARA, THODUPUZHA EAST. ADV. SRI.GEORGE VARGHESE, SC- SOUTH INDIAN BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19992 of 2009(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COUNTER DTD. 17.02.2005. EXT.P2: BALANCE STATEMENT DTD. 20.03.2009. EXT.P3: PETITIONER AND ORDER DTD. 30.03.2009 EXT.P4: ORDER DTD. 29.05.2009. EXT.P5: RECEIPT DTD. 20.08.2009. RESPONDENTS' EXHIBITS: NIL ....... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.19992 Of 2009 ---------------------- Dated this the 6th day of September, 2010. J U D G M E N T Petitioner is the 1st judgment debtor in E.P.No.86 of 2004 in O.S.No.161 of 2003 of the Munsiff Court, Thodupuzha. The bank filed execution petition for realising the decree debt. Ext.P1 is the objection filed by the petitioner. The petitioner did not object the realisation of the decree amount in execution, but, requested the execution court to permit him to pay the balance decree amount in instalments. Ext.P2 is the statement of balance amount filed by the decree holder. Ext.P3 is the affidavit filed by the petitioner for permission to repay the balance decree amount in instalments. It is also prayed in Ext.P3 that alternatively the decree holder may realise the balance decree amount by attachment of his salary. On 30.3.2009 the execution court passed Ext.P4 order. The execution court directed the decree holder to take steps to attach salary and also further permitted the decree holder to take other steps as well. Ext.P4 is dated 29.5.2009. In the said order the execution court on request from the decree holder ordered repeated warrant. Ext.P4 order is under challenge. W.P.(C).No.19992 Of 2009 ::2:: 2. During the pendency of the writ petition, petitioner had deposited Rs.10,000/- each on two occasions. The very conduct of repaying the money in instalments by the petitioner shows that he is earnest in repaying the decree debt. In the circumstances, in the interest of justice, this Court is of the view that an opportunity shall be given to he petitioner to pay the balance decree debt in instalments. Accordingly, it is ordered that Ext.P4 order shall be kept in abeyance on condition that the petitioner shall pay Rs.10,000/- within a period of one month from today and the balance amount in 12 equal monthly instalments. The instalments shall be paid on or before 6th of every month. If the amount is not paid as agreed above on the respective dates, Ext.P4 order shall stand revived and the decree holder is at liberty to realise the amount. The decree holder shall file a statement showing the balance amount as on the date before the execution court, within a period of three weeks from today. Writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-