IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 CRP.No. 94 of 2007() -------------------- AGAINST THE ORDER DATED 04/01/2007 IN EP 442/03 IN OS.648/2001 of M.C.,VADAKKANCHERRY .................... REVN. PETITIONER: JUDGMENT DEBTOR NO.1. ------------------------------------------ K.B.SULAIMAN, S/O.KODACHATTIL VEETTIL BAPPUTTY, CHIRAMANANGAD VILLAGE DESOM, TALAPPILLY TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT: DECREE HOLDER. ----------------------------- YOGAKSHEMAM KURIES AND LOANS LIMITED, CHOWANNUR BRANCH, THRISSUR DISTRICT. ADV. SRI.N.M.MADHU FOR R1 SMT.C.S.RAJANI FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. -------------------------------- C.R.P. NO. 94 OF 2007 (D) ---------------------------------- Dated this the 27th day of January, 2009 O R D E R The first judgment debtor in E.P.No.442 of 2003 in O.S.No.648 of 2001 on the file of the Munsiff Court, Wadakkanchery is the revision petitioner. The revision petition is filed against the order dated 4-1-2007. The decree holder filed execution petition for realisation of decree amount. The court below examined PW1 and RW1 and marked X1, X1A and X1B. On facts, the execution court held that the judgment debtor has sufficient means to pay off the decree debt; that the judgment debtor is running stationary shop and also that he is owning some landed properties. As there are no reasons for taking a contrary view as contended by the judgment debtor, execution court issued arrest warrant. On perusal of the order under challenge, it is seen that the findings are arrived at based on the oral and C.R.P.No.94 of 2007 - 2 - documentary evidence on record. I find no reason to take a different view in this matter. The learned counsel for the revision petitioner submitted that judgment debtor is not in a position to pay off the amount in lumpsum and he may be permitted to pay off the decree amount in instalments. Therefore, it is ordered that the impugned order shall be kept in abeyance on condition that the revision petitioner pays Rs.15,000/- within a period of two months from today and the balance amount in five equal monthly instalments, commencing from thereafter. The Civil Revision Petition is disposed of as above. There will be no order as to costs. HARUN-UL-RASHID, JUDGE skr