IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 CRP.No. 204 of 2005() --------------------- AGAINST THE ORDER DATED 07/01/2005 IN EP.276/2004 IN OS.459/1997 of MUNSIFF COURT, OTTAPPALAM .................... REVN. PETITIONER/RESPONDENT/JUDGMENT DEBTOR: ------------------ BALACHANDRAN, S/O.THONDIYATH NARAYANA GUPTHAN, RESIDING AT ADIYATH, KADAMBAZHIPURAM AMSOM AND DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT/PETITIONER/DECREE HOLDER: ------------- RAMAGUPTHAN, S/O.KOLASSERI APPUKUTTY MOOTHAN, KADAMBAZHIPPURAM AMSOM AND DESOM, OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 5/6/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A. NO. 561 OF 2005 IN C.R.P. NO. 204 OF 2005 DISMISSED 5.6.2008 Sd/-(HARUN-UL-RASHID, JUDGE) HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 204 OF 2005 -------------------------------------------- Dated this the 5th day of June, 2008 O R D E R The judgment debtor in E.P. No.276 of 2004 in O.S. No.459 of 1997 on the file of the Munsiff's Court, Ottapalam is the revision petitioner. By the impugned order dated 7.1.2005, the execution court found that the revision petitioner/judgment debtor has got sufficient means to pay off the decree debt and that he is wilfully neglecting to pay the same. The execution court, therefore, ordered arrest and detention of the judgment debtor in civil prison. 2. When the matter was taken up for final hearing, learned counsel appearing for the revision petitioner/judgment debtor submitted that he is willing to pay off the decree debt in four equal instalments. In the light of the above submission, I have not examined the merits of the case. I direct the revision petitioner to pay off the decree amount in four equal instalments within a period of six months from today. The revision petitioner is given 45 days to pay each instalment. The first instalment C.R.P.NO. 204/2005 2 shall be paid on or before 10.7.2008. It is made clear that in case of default of payment as directed above, the order under revision shall stand revived. The Civil Revision Petition is disposed of as above. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P.NO. 204/2005 3 HAURN-UL-RASHID, J. C.R.P. NO. 204/2005 O R D E R 5th JUNE, 2008