IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 18310 of 2010(O) -------------------------- EP.95/2009 IN OS NO.270 OF 2007 of SUB COURT, QUILANDY .................... PETITIONER(S): JUDGEMENT DEBTOR ------------------------------- M.M.RAGHAVAN, S/O.GOVINDAN NAIR, ARUN NIVAS, ERAVLOOR VILLAGE, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): DECREE HOLDER ---------------------------- THE STATE BANK OF INDIA, MALAPARAMBU BRANCH, KOZHIKODE, REP. BY THE ASSISTANT MANAGER, RETAIL ASSETS AND SMALL AND MEDIUM ENTERPRISES, CITY CREDIT CENTRE, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.18310 of 2010 -------------------------------------- Dated this the 14th day of June, 2010. JUDGMENT Petitioner is the judgment debtor in E.P.No.95 of 2009 of the court of learned Sub Judge, Koyilandy where a decree transmitted from the Sub Court, Kozhikode in O.S.No.270 of 2007 is being executed. Petitioner is a High School Assistant by profession and on 10.11.2009 basing on proof affidavit filed on behalf of respondent/decree holder and in the absence of any contra evidence executing court found that petitioner inspite of having sufficient means has neglected and refused to pay amount due under the decree. On 17.12.2009 petitioner appeared in court and paid Rs.4,000/- and thereon warrant against him was recalled. On 27.01.2010 there was no payment. There was also no representation for the petitioner. Hence warrant was ordered to the petitioner. On 19.02.2010 petitioner paid Rs.5,000/-. Warrant was repeated against him. That order is under challenge in this Writ Petition. Learned counsel for petitioner states that petitioner is prepared to pay the amount due under the decree in installments. I have heard learned counsel for respondent as well. 2. According to the petitioner, the amount now due to the respondent is Rs.1,36,323/-. Question of installment facility has to be decided by the executing court after hearing respondent/decree holder as well. Having regard to WP(C) No.18310/2010 2 the facts and circumstances of the case I am inclined to stay the operation of the order issuing warrant to the petitioner for a period of two months from this day subject to condition. Resultantly, this Writ Petition is disposed of in the following lines: i. Execution of warrant against the petitioner will stand in abeyance for a period of two months from this day on condition that petitioner deposited in the executing court for payment to respondent Rs.25,000/- (Rupees Twentyfive thousand only) within one month from this day. ii. In case of non-compliance of clause (i), it will be open to respondent to proceed with personal execution pursuant to the order dated 10.11.2009 without any further enquiry regarding means of petitioner. iii. Petitioner is permitted to urge his request for payment of the amount in installments in the executing court and if any such request is made, executing court shall decide that matter after hearing the respondent as well. THOMAS P.JOSEPH, Judge. cks