IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 4188 of 2010(O) --------------------------------------- AGAINST THE ORDER DATED 05/01/2010 IN EP.111/2007 IN OS.87/2006 of MUNSIFF COURT, PERAMBARA .................... PETITIONER(S): ------------------------ K.V.KURIAN, S/O. VARGHESE, PHARAMACIST, KYPUZHA VEEDU, KALPATHOOR AMSOM, VALIYAKKADU DESOM, KOYLANDY TALUK, KOZHIKODE DISTRICT. BY ADV. MR.K.B.ARUNKUMAR RESPONDENT(S): ------------------------- THE CANARA BANK, PERAMBRA BRANCH, MANYAM AMSOM DESOM, PERAMBRA, REPRESENTED BY THE BRANCH MANAGER. BY ADV. MR.P.GOPINATH MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.BHAVADASAN, J. ------------------------------------- WP(C) No.4188 of 2010-O ------------------------------------- Dated 17th February 2010 Judgment In this petition, filed under Article 227 of the Constitution of India, the petitioner seeks to permit him to pay the outstanding decree debt in EP No.111/07 in OS No.87/2006 on the file of the Munsiff's Court, Perambra, in two equal monthly instalments and also to keep in abeyance the warrant issued against him. 2. The petitioner suffered a money decree in OS No.87/06 of the Munsiff's Court, Perambra. The decree holder sought execution. It is stated in the petition that the petitioner is willing to pay the decree debt, if he is allowed to pay it in instalments. The respondent Bank is not willing to give such a concession to the petitioner. The fact remains that the petitioner is willing to pay the amount if he is permitted to pay it in instalments. The said prayer seems to be just and reasonable. Accordingly, the petitioner is WPC 4188/10 2 allowed to make payment towards the decree amount by way of monthly instalments of Rs.7,000/-, the first instalment to be paid on or before 17.03.2010 and the balance instalments on or before the 17th of the succeeding months. In case of default of any one of the instalments, the decree holder will be entitled to realise the entire balance amount by proceeding in execution. Ext.P2 order stands set aside. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE sta WPC 4188/10 3