IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Con.Case(C).No. 819 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT IN WA.1368/2009 Dated 30/06/2009 & WP(C) 2934/2007 .................... PETITIONER(S): APPELLANT ------------------------ PRADEEP KUMAR.K,AGED 46 YEARS, S/O.G.KUMARAN,SECRETARY,CINE ARTS CO-OPERATIVE SOCIETY LTD.NO.Q.207/1961,STADIUM COMPLEX, KOLLAM-1. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY RESPONDENT(S): RESPONDENT ------------------------- VIJAYAKUMAR, AGED 52 YEARS,S/O.SANKU ACHARI,SECRETARY,KOLLAM CORPORATION,KOLLAM. SRI.M.K.CHANDRAMOHANDAS. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- Con.Case (C) No.819 of 2009 ---------------------------------------------- Dated 28th July, 2009. J U D G M E N T Kurian Joseph, J. Learned counsel appearing for the respondent, referring to the statement submits that the petitioner has been put back in possession of the shop room in terms of Annexure I order. It is seen that the petitioner has to pay an amount of Rs.1,19,681/-. The said amount has been directed to be paid within a week. Naturally, the repossession is subject to compliance with the terms as stated in Annexure I order. Faced with such a situation, the petitioner prays that an opportunity may be given to him to pay the dues in four equal monthly instalments. As a special case, learned counsel for the respondent submits that the petitioner can be permitted to pay the amount in two equal monthly instalments. However, in the peculiar facts and circumstances of this case, we feel that the petitioner can be permitted to pay the amount in three equal monthly instalments, starting from the month of August, 2009. We make it clear that the entire dues as per Annexure I shall paid by the petitioner in three equal monthly instalments, starting Con.Case No.819/2009 2 from the month of August, 2009 along with the current rent before the 20th of each month. We further make it clear that the instalment facility is granted only in respect of the amount as stated in Annexure I and the current rent will have to be paid on the due dates as per the agreement. Needless also to say that in case there is any default, it will be open to the respondent to take steps as per the agreement. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- Con.Case (C) No.819 of 2009 ---------------------------------------------- J U D G M E N T Dated 28th July, 2009.