IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 35004 of 2007(P) ---------------------------------- OS.128/2003 of SUB COURT, MANJERI .................... PETITIONER: ------------------ GEORGE MATHAI, S/O.MATHAI, AGED 66, MUNDUVAYALIL HOUSE, RAMACHAM PADAM, POOKOOTTUMANNA.P.O., CHUNKATHARA) BY ADV. SRI.A.BALAGOPALAN SMT.T.LAKSHMI SRI.K.SANEESH KUMAR RESPONDENTS: ------------------------ THE MANAGER, FEDERAL BANK. NILAMBUR BRANCH, NILAMBUR. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.35004/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE EZXECUTION PETITION FILED BY THE RESPONDENT BANK AS EP. NO.128/2003 DT. 22.11.05. EXT.P2:- COPY OF THE OBJECTION FILED BY THE PETITIONER DT. 28.3.07. EXT.P3:- COPY OF THE ORDER PASSED BY THE SUBORDINATE JUDGE'S COURT, MANJERI IN EP. NO.128/05 IN OS. NO.128/03 DT. 30.10.07. EXT.P4:- COPY OF THE EA. NO.635/07 IN EP. NO.128/05 IN OS. NO. 128/03. /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 35004 OF 2007 = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Manjeri in E.P.128/05 in O.S.128/03. The Court below found that the judgment debtor is having 3.25 acres of land and therefore he is having sufficient means and he is evading payment and hence ordered arrest. It is against that decision the present writ petition is filed. After hearing both sides I feel a breathing time can be given to the judgment debtor to wipe of the liability and therefore I dispose of the writ petition as follows. (1) The writ petitioner is directed to wipe of the liability due under the decree in 12 monthly equal instalments commencing from 23.5.2008. (2) If there is default of the first instalment or of any two consecutive instalments thereafter, he shall forfeit the benefit granted to him under this order. W.P.C 35004 OF 2007 -:2:- (3) In case of default, the decree holder will be at liberty to request the Court to execute the warrant of arrest for detention in civil prison. Till such a default is made the warrant of arrest shall not be executed. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-