IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 CRP.No. 816 of 2008 (F) ----------------------------- AGAINST THE ORDER IN EP 11/06 IN OS.155/2003 of M.C.,VADAKKANCHERY .................... REVN. PETITIONER/RESPONDENT(JD)/DEFENDANT: ------------------------------------------------------------- NARAYANAN, S/O. KAKKOOTHKUNJUNNI, CHITTANADA VILLAGE, CHITTANADA DESOM, THALAPPILLY TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT/DECREE HOLDER/PLAINTIFF:- ----------------------------------------------------- JAYAN, S/O. PALLIKKARA NARAYANAN, KUNNAMKULAM VILLAGE, KUNNAMKULAM DESOM, TALAPPALLY TALUK. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. R. P. No.816 of 2008 ------------------------------------------------ Dated this the 10th day of December, 2008 ORDER Petitioner is the judgment debtor in O.S.155/03 on the file of the Munsiff's Court, Wadakkanchery. Claim under Section 60(c) of the C.P.C advanced by the petitioner was repelled by the execution court and hence, this revision. 2. Having submitted arguments at length producing also for perusal the objection filed by the petitioner in the execution court and also his testimony in the court below contending that the petitioner is an agriculturist, this Court was not prepared to accept the contention and was of the view that the claim under Section 60(c) of the C.P.C was rightly being rejected by the court below. Thereupon, counsel for the petitioner submits that the petitioner be allowed opportunity to C. R. P. No.816 of 2008 -2- discharge the debt by payment in monthly instalments and offers to pay an amount of Rs.10,000/- by the 15th of January, 2009. In the circumstances, I allow the petitioner to make deposit/payment to the decree holder of an amount of Rs.15,000/- from out of the decree debt positively on or before 15th of January, 2009 and report the matter before the execution court. In case he fails to do so the proceedings for sale on the execution side shall proceed. If he makes payment of the said amount of Rs.15,000/- on or before 15/01/09 the petitioner shall be entitled to discharge the balance debt in monthly instalments of Rs.5,000/- beginning with 15th of February, 2009. In case he fails to pay the monthly instalments on or before the 15th of every calendar month and any two consecutive monthly instalments fall in arrears the petitioner shall forfeit the benefit of discharge of debt C. R. P. No.816 of 2008 -3- in instalments and the decree holder shall be entitled to proceed with the execution for the realisation of the entire balance debt from the stage at which the execution petition stands at present. 3. This C.R.P is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-