IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 CRP.No. 886 of 2008 --------------------------------- EP.456/2004 IN OS.357/2003 of PRL.SUB COURT, IRINJALAKUDA .................... REVN. PETITIONER/JUDGMENT DEBTOR: JOSHY, S/O PAUL, MULLAKKARA HOUSE, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT/DECREE HOLDER: SADU @ RAMADEVAN, S/O PALLATH KUTTAPPAN, VADAKKOOTT HOUSE, PACHALIPURAM DESOM, AMBALLUR VILLAGE, THRISSUR DISTRICT. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. -------------------------- C.R.P.No.886 of 2008 -------------------------- ORDER Heard counsel on both sides. 2. The request of the counsel for the petitioner/judgment debtor is only that the petitioner may be allowed to discharge the debt by payment in monthly instalments. It is submitted by counsel for the respondent/decree holder that more than Rs.1,50,000/- will be due as on this date and that no amount at all is paid by the petitioner till now. 3. In the circumstances, I direct the petitioner to make an initial payment to the respondent/decree holder of an amount of Rs.50,000/- (Rupees fifty thousand only) on or before 19th January, 2009 and file memo to that effect before the execution court. If such a payment is made, the petitioner/judgment debtor will be entitled to discharge the balance debt by making monthly payments at the rate of Rs.15,000/- beginning with 20th February, 2009. All instalments thus due shall be paid on or before the 20th day of CRP 886/08 2 every calendar month till the debt is discharged. In the event of the petitioner not depositing the amount of Rs.50,000/- on or before 19.1.2009 or thereafter, in the event of his failing to make payment/deposit of any two consecutive monthly instalments on or before the due date fixed as above, the benefit to discharge the debt in monthly instalments shall stand forfeited and the respondent/decree holder will be entitled to proceed to recover the balance debt from the petitioner/judgment debtor by personal execution, as this benefit is granted to the petitioner after hearing both sides and getting convinced that the order of the court below holding that the petitioner/judgment debtor has no means to pay the debt at least in substantial portions thereof is unsustainable. This revision petition is disposed of with the above directions. 19th December, 2008 (K.P.Balachandran, Judge) tkv