IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 37645 of 2009(O) --------------------------------------- AGAINST THE ORDER IN EP 389/09 IN OS.272/2006 of PRL.MUNSIFF COURT, PALAKKAD. .................... PETITIONER(S): ------------------------ C.S. RAMANAN, CHIRAKKAL HOUSE, THENUR AMSOM DESOM, PALAKKAD. BY ADV. MR.SURIN GEORGE IPE RESPONDENT(S): ------------------------- 1. RAHMATH, W/O. LATE SAIDUTTY, CHANDANAPURAM HOUSE, MANNUR AMSOM DESOM, PALAKKAD. 2. SULAIMAN, S/O. LATE SAIDUTTY, CHANDANAPURAM HOUSE, -DO- R1 & R2 BY ADV. MR.JACOB SEBASTIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.37648/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE EXECUTION PETITION (EP.389/09) DTD. 20.10.2009. P2:- COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER EA.3/09.. P3;- COPY OF THE PETITION FILED TO RECALL THE ARREST WARRANT ISSUED AGAINST THE PETITIOINER EA. 725/2009. TRUE COPY P.S. TO JUDGE tss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 37645 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of April, 2010. JUDGMENT When the petition came up for hearing, the only prayer made by the petitioner is that he may be allowed to pay the decree amount in five monthly instalments. It is pointed out that the petitioner has complied with the interim order. 2. The prayer seems to be just and reasonable. Hence this writ petition is allowed and the petitioner is allowed to pay the balance decree amount in monthly instalments of Rs.5,000/-, first of which shall be paid on or before 17.5.2010 and the subsequent instalments on or before the 17th of every succeeding month. If the petitioner commits default in payment of any one of the instalments, the decree holder will be entitled to realise the amount in a lumpsum. P. BHAVADASAN, JUDGE sb.