IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 OP(C).No. 3414 of 2011(O) --------------------------------------- (E.P.NO.60/2010 IN O.S.NO.495/07 OF ADDL.SUB COURT, IRINJALAKUDA) ..... PETITIONER: --------------------- SUNNY, S/O.CHERAYATH ALUKKAL ANSON, IRINJALAKUDA DESOM, MANAVALASSERY VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.MAHESH V.MENON RESPONDENT(S): ------------------------------ 1. M/S.ABHIMAN KURIES (P) LTD., IRINJALAKUDA P.O., IRINJALAKUDA - 680 121. 2. RANI, W/O.PALLAN SHIBU, IRINJALAKUDA DESOM, MANAVALASSERY VILLAGE - 680 121. 3. SHIBU, S/O.PALLAN ANTONY, IRINJALAKUDA DESOM, MANAVALASSERY VILLAGE - 680 121. 4. ROY, S/O.MANGALAN LONA, ALOOR VILLAGE & DESOM - 680 121. 5. VARGHESE, S/O.PALLAN ANTONY, KIZHAKKUMPPATTUKARA DESOM, CHEMBOOKAVU VILLAGE-680 121. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.3414/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF E,P.NO.60/10 IN O.S.NO.495/07 OF THE ADDL.SUB COURT, IRINJALAKUDA DTD. 17/03/2010. P2: COPY OF COUNTER FILEDBY THE PETITIONER DTD. 24/11/2010. P3: COPY OF PROOF AFFIDAVIT FILED BY THE PETITIONER DTD. 26/08/2011. P4: COPY OF ORDER IN E.P.NO.60/10 IN O.S.NO.495/07 OFADDL.SUBORDINATE JUDGE, IRINJALAKUDA DTD. 05/09/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3414 of 2011 --------------------------------------- Dated this 24th day of October, 2011 JUDGMENT Petitioner is the third judgment debtor in E.P.No.60 of 2010 in O.S.No.495 of 2007 of the Court of learned Additional Sub Judge, Irinjalakkuda. Based on a finding regarding means he is facing warrant of arrest issued by the executing court for recovery of the amount due. 2. The executing court found, relying on the evidence of PW1 and Exts.A1 to A4, that petitioner has sufficient means. That part of the finding though challenged before me, having gone through the order under challenge and the nature of evidence given by PW1, RW1 and in the light of Exts.A1 to A4 I do not find reason to interfere with that finding. Learned counsel requested that petitioner may be permitted to pay the amount in installments. It is stated that including interest, the amount due comes to `.1,50,000/-. 3. Executing court shall decide the request for installment facility at the first instance after hearing the first respondent/decree holder also. But, having regard to the circumstances stated I am inclined to permit petitioner request O.P(C).No.3414 of 2011 -: 2 :- the executing court for payment of the amount in installment and to facilitate that, direct that warrant of arrest will stand in abeyance for some time but subject to condition. Resultantly this original petition is disposed of as follows: (i) Petitioner is permitted to request the executing court to allow him pay the amount in installment and if any such request is made, the executing court shall decide that request after hearing the first respondent/decree holder also. (ii) It is directed that warrant of arrest issued against petitioner will stand in abeyance for a period of thirty (30) days from this day on condition that petitioner pays/deposits in the executing court for such payment to the first respondent `.20,000/- (Rupees Twenty Thousand Only) within two weeks from this day. (iii) In case the above condition is not complied, it will be open to the executing court to proceed with execution proceeding based on the finding regarding means. (THOMAS P. JOSEPH, JUDGE) Sbna/-