IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 CRP.No. 299 of 2011() ------------------------------- EP.1875/2009 IN OS.1888/2001 OF PRINCIPAL MUNSIFF COURT, IRINJALAKUDA .................... PETITIONER/1ST JUDGMENT DEBTOR -------------------------------------------------------- OUSEP, S/O VELATHIPARAMBIL KOCHUVAREED, PERAMBRA DESOM, KODAKARA VILLAGE, THRISSUR. BY ADV. SRI.T.N.MANOJ RESPONDENT/DECREE HOLDER ------------------------------------------------ KODAKARA KURIS (P) LTD., REP. BY ITS MANAGING DIRECTOR, JOHNSON, S/O. KACHAPILLY VAREETH, VALLAPODY DESOM, KODAKARA VILLAGE, THRISSUR. BY ADV. SRI.JIJO PAUL. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P JOSEPH, J. ---------------------------------------- C.R.P.No.299 of 2011 --------------------------------------- Dated this 02nd day of September, 2011 ORDER Petitioner is the judgment debtor in E.P.No.1875 of 2009 in O.S.No.1888 of 2001 of the Court of learned Munsiff, Irinjalakkuda and the decree for money is being executed against him. Respondent/decree holder alleged that in spite of having means, petitioner did not pay the amount. Petitioner pleaded that he is a pensioner drawing only `.3,500/- per month and that he has no other income. Executing court found against petitioner and issued warrant of arrest. Hence this civil revision. 2. When the matter came up for hearing, it is agreed by counsel on both sides that petitioner could pay the amount due in monthly installments @`.2,000/- and that in case there is any two default, warrant of arrest could be issued to the petitioner. I am inclined to accept the suggestion. Resultantly this civil revision is disposed of in the following lines: (i) Petitioner is permitted to pay the balance amount due under the decree in monthly installments @Rs.2,000/- (Rupees Two Thousand Only) beginning from 01.10.2011 onwards. C.R.P.No.299 of 2011 -: 2 :- (ii) The payment/deposit in executing court for such payment shall be made on or before the 5th of every month and in case that happens to be a holiday, payment/deposit shall be made on the next working day. (iii) In case there is default in payment of any two installment, it will be open to the executing court to proceed with execution pursuant to the finding regarding means without any further enquiry. (iv) Warrant of arrest issued to the petitioner will stand in abeyance during the period granted for installment payment or till default as aforesaid is committed, whichever is earlier. (THOMAS P JOSEPH, JUDGE) Sbna/-