IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 OP(C).No. 2748 of 2011(O) -------------------------------- OS.136/2008 of MUNSIFF COURT, CHITTUR .................... PETITIONER: ---------------- T.K.NOORMUHAMMED, S/O.KADER HUSSAIN, AGED 52 YEARS, RESIDING AT MUTTUMANTHA, NELLEPILLY VILLAGE. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------------- KALIMUTHU KUMAR, S/O.RAMASWAMY KOUNDER, AGED 37 YEARS, AGRICULTURIST, BAGAVATHY COLONY, KUNNAGATTU PATHY VILLAGE, CHITTUR TALUK. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2748/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 29/07/2011 IN E.P. NO.159/2010 IN O.S. NO.136/2008 OF THE COURT OF THE MUNSIFF OF CHITTUR. RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2748 of 2011 --------------------------------------- Dated this 19th day of August, 2011 JUDGMENT Petitioner is second judgment debtor in E.P.No.159 of 2010 in O.S.No.136 of 2008 of the Court of learned Munsiff, Chittur. He has suffered a decree for payment of money. Respondent/decree holder wanted personal execution against petitioner and warrant of arrest was issued to the petitioner on 01.07.2011. Petitioner was paying the amount on the respective dates of posting of the execution petition. While so, on 28.07.2011 petitioner paid `.5,000/- to the respondent/decree holder and filed E.A.No.414 of 2011 to recall the warrant. When the execution petition came up for hearing on 29.07.2011 the executing court dismissed E.A.No.414 of 2011. That order is under challenge. 2. Learned counsel submitted that as per the execution petition the amount payable was `.1,15,750/- with future interest. By now, around `.35,000/- has been paid. Petitioner is prepared to pay the balance amount in installments. It is stated that he is unable to pay the entire amount in lump. Hence petitioner may be permitted to pay amount in installments, it is prayed. O.P(C).No.2748 of 2011 -: 2 :- 3. It is for the executing court to decide whether request for installment facility has to be allowed or not having regard to all relevant facts and circumstances of the case and after hearing respondent/decree holder. To facilitate that, I am inclined to grant some relief to the petitioner. Resultantly this original petition is disposed of in the following lines: (i) Petitioner may request the executing court to permit him to pay the balance amount due under the decree in installment. If any such request is made executing court shall decide that after hearing respondent as well, (ii) Petitioner is directed to pay/deposit for payment to the respondent `.10,000/- (Rupees Ten Thousand Only) in the executing court within three weeks from this day. (iii) It is directed that warrant of arrest issued to the petitioner will stand in abeyance for a period of one month from this day or till default in payment of the amount as aforesaid is committed, whichever is earlier. (THOMAS P JOSEPH, JUDGE) Sbna/-