IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 20669 of 2009(O) -------------------------- AGAINST THE ORDER DATED 26/03/2009 IN EP.1806/07 IN OS.921/2004 of II ADDL.M.C.,THRISSUR .................... PETITIONER(S): --------------- P.M.THOMAS,AGED 60 YEARS, S/O. P.T.MANUEL, ALAPPET PALATHINGAL HOUSE, PERINGAVE VILLAGE, PATTURAIKAL DESOM,THRISSUR - TALUK. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- JAI HIND KURIES & LOANS (P) LTD. THRISSUR, REP. BY CHAIRMAN. ADV. SRI.RANJITH XAVIER FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.20669/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF E.P.NO.1806/07 FILED BY THE RESPONDENT BEFORE THE MUNSIFF COURT, THRISSUR DATED 12.11.2007. EXT.P2: COPY OF THE OBJECTION DATED 28.3.2008 FILED BY THE PETITIONER IN E.P.LNO.1806/2007 IN O.S.NO.921/04. EXT.P3: COPY OF THE AFFIDAVIT WITH PETITION IN E.A.NO.913/09 IN E.P.NO.1806/07 IN O.S.NO.921/04 DATED 26.3.2009. EXT.P4: COPY OF THE RECEIPT DATED 26.3.2009 ISSUED BY THE COUNSEL FOR THE RESPONDENT. EXT.P5: COPY OF THE ORDER OF WARRANT ISSUED BY THE SECOND ADDL.MUNSIFF THRISSUR IN E.P.NO.1806/07 IN O.S.NO.921/04 DATED 26.3.2009. /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.20669 OF 2009 () ----------------------------------- Dated this the 8th day of December, 2009 J U D G M E N T Petitioner is the judgment debtor in E.P.No.1806 of 2007 in O.S.No.921 of 2004 on the file of the IInd Additional Munsiff Court, Thrissur. Decree being executed is one passed in a suit for money and the respondent is the decree holder. Personal execution against the petitioner/judgment debtor was ordered directing issue of warrant. Impeaching the correctness of that order, the present writ petition has been filed invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. Notice given, the respondent/decree holder has entered appearance. I heard the counsel on both sides. Pursuant to directions given during the pendency of the writ petition, the learned counsel for the petitioner/judgment debtor submits that he has already deposited a sum of WPC.20669/09 2 Rs.15,000/- by two instalments of Rs.10,000/- and Rs.5,000/- towards the decree debt. The learned counsel for the decree holder submits that as regards the second deposit of Rs.5,000/-, there is no confirmation so far. Whatever that be, it is conceded by both sides that the sum outstanding towards the decree even after the first deposit alone, is taken into consideration, will be less than Rs.20,000/-. The learned counsel for the petitioner seeks indulgence of this Court to discharge the decree debt by payment in instalments. Considering the statements made and taking note of the facts and circumstances presented, I direct the petitioner/judgment debtor to discharge the outstanding debt in three monthly instalments of Rs.5,000/- each commencing from the month of January, 2010. Instalment payment shall be made by the petitioner/judgment debtor before 10th of every month either by deposit in court or at the office of the respondent collecting a receipt, and, in case, 10th of the month happens to be a holiday, payment shall be made on the next working day itself. Whatever be the amount outstanding, it shall be cleared off with the interest due on the last and third instalment WPC.20669/09 3 irrespective of the instalment rate fixed. In the event of default of even one instalment, it will be open to the decree holder to proceed for the realisation of the entire outstanding sum in lump from the judgment debtor, and in that event, the execution court shall straight away proceed for issuing warrant against the judgment debtor. In view of the instalment facility extended to the judgment debtor, as indicated above, Ext.P5 order passed by the court below shall stand set aside. Writ petition is accordingly disposed. S.S.SATHEESACHANDRAN JUDGE prp