IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 OP(C).No. 318 of 2010(O) ------------------------ AGAINST THE ORDER DATED 02/07/2010 IN EP 561/2009 IN TMC.OS.2132/2006 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONERS: -------------------------------- 1. KRISHNA PRABHU, S/O.KALAPPURAKOVILAKAM ANANDA PRABHU SRINGAPURAM DESOM, LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK. 2. GOVINDA PRABHU, S/O.ANANDA PRABHU, KALAPPURA KOVILAKAM, SRINGAPURAM DESOM, LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL RESPONDENT(S): --------------- THE ASSYRIAN CHARITIES KURI LTD., RICE BAZAAR, CHEMBUKKAVU PIN-695001, THRISSUR REPRESENTED BY THE CHAIRMAN. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) No.318 of 2010 ==================================== Dated this the 13th day of October, 2010 J U D G M E N T Judgment debtor Nos.2 and 3 in E.P.No.561 of 2009 in O.S. No.2132 of 2006 of the court of learned Munsiff, Kodungallur are the petitioners before me challenging Ext.P5, order issuing warrant of arrest against them. It would appear that judgment debtor No.3 remained absent in the executing court. Respondent-decree holder filed affidavit in proof of means of petitioners but there was no cross-examination. Hence executing court found that means of petitioners proved and passed the following order: “JD paid Rs.3500/-. E.A.332/10 dismissed. Affidavit filed. JD3 absent, No cross, means proved. Issue Arrest Warrant with JD3.” Executing court ordered warrant of arrest against judgment debtor No.3. Learned counsel states that warrant of arrest is issued against judgment debtor No.2 as well. Learned counsel requested for installment facility to pay the decree amount since the executing court disallowed that prayer (obviously after hearing counsel for respondent). Request for installment facility cannot be allowed as executing court rejected the prayer on the face of objection raised by respondent. Having regard to the difficulties of petitioners stated by learned counsel I am inclined to grant three months' time from this day to pay the amount due O.P(C) No.318 of 2010 -: 2 :- under the decree. Resultantly, this Original Petition is dismissed. But petitioners are granted three months' time from this day to pay the amount due under the decree subject to the following conditions: (i) Petitioners shall deposit 50 (fifty) percent of the amount due under the decree in the executing court within one month from this day for payment to the respondent. (ii) Petitioners shall pay the entire balance amount due within three months from this day. (iii) Warrant of arrest issued against petitioners will stand in abeyance for a period of three months or till default in deposit of 50% of the amount is committed whichever is earlier. (iv) In case condition Nos.(i) or (ii) is not complied it is open to the executing court to proceed with personal execution against such of the petitioners against whom warrant of arrest had been ordered. THOMAS P. JOSEPH, JUDGE. vsv