IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 WP(C).No. 7690 of 2008(M) ------------------------- AGAINST THE ORDER DATED 5.10.2005 IN EP.NO.3/2005 IN OS.64/2003 of MUNSIFF COURT, KANJIRAPPALLY .................... PETITIONER: ------------ C.S.MADHUSOODANAN, CHANDRA VILASAM CHIRAKADAVU CENTRE,PONKUNNAM. BY ADV. SRI.DILIP MOHAN RESPONDENT: -------------- A.R.CHANDRA BABU, S/O.RAGHAVAN NAIR AZHAKATHU, PONKUNNAM P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 7690 OF 2008 --------------------- Dated this the 6th day of March, 2008 JUDGMENT This writ petition is preferred against the order of the Munsiff, Kanjirappally in EA 20/08 in EP 3/05 in OS 64/03. It is an application filed by the judgment debtor for allowing instalments to pay the balance decree debt. It has to be held that the instalment facility has already been provided by this court in WPC 30478/05 commencing from 1st July, 2007 at the rate of Rs. 6,000/- per month till the entire decree-debt is wiped off. It is also stated therein that default of any instalments will result in forfeiture of the above benefit and in such event the impugned order will become operative. Thereafter Ext.P3 is produced by the decree holder wherein he contends that the balance arrears is Rs.17,354/- whereas according to the judgment debtor it is Rs.14,000/-. Whatever it may be, the executing court cannot pass a further order reducing the amount of instalment for the reason that the High Court had already fixed the amount at the rate of Rs.6,000/- per month. Therefore I direct the writ petitioner to pay an amount of Rs.12,000/- in two instalments and then the court below is directed to fix the balance amount and thereafter direct to give one month’s further time for making balance payment. Till that time, let the judgment debtor be not arrested. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps