IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 27482 of 2007(V) -------------------------- AGAINST THE ORDER DATED / / IN EP.NO.36/2004 IN OS.65/2001 of PRL.SUB COURT,KOTTAYAM .................... PETITIONER: ------------------- V.I.THOMAS, S/O ITTY, AGED 43, VADAKKEKARA(EDATHUNDIYIL), VELLAVOOR, P.O.VELLAVOOR VILLAGE, CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV. SRI.JAIJI ITTEN SRI.PRAMOD JAIJI RESPONDENTS: ----------------------- 1. DEVAYANI DAMODARAN, W/O DAMODARAN, MULLASSERI VEEDU, PERUMBANADHI,MADAPPALLY VILLAGE, CHANGANASSERY, KOTTAYAM DISTRICT. 2. SHEEBA PRASAD, D/O DAMODARAN, MULLASSERI VEEDU, PERUMBANADHI,MADAPPALLY VILLAGE, CHANGANASSERY, KOTTAYAM DISTRICT. 3. BEENA RAJ, D/O DAMODARAN, MULLASSERI VEEDU, PERUMBANADHI,MADAPPALLY VILLAGE, CHANGANASSERY, KOTTAYAM DISTRICT. 4. BINDU SOORYADAS, D/O DAMODARAN, MULLASSERI VEEDU, PERUMBANADHI,MADAPPALLY VILLAGE, CHANGANASSERY, KOTTAYAM DISTRICT. R1 TO R4 BY ADV. SRI.ANTONY C. ETTUKETTIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27482/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE SAID ORDER DT. 19.2.07 IN EA. NO.44/07 IN EP. 36/04 IN OS. 65/01 PASSED BY THE SUB JUDGE, KOTTAYAM. EXT.P2:- COPY OF THE AFFIDAVIT WITH PETITION OF EA. 282/07 FILED BY THE PETITIONER DT. 28.6.07. EXT.P3:- COPY OF THE ORDER DT. 17.7.07 PASSED BY THE PRINCIPAL SUB JUDGE, KOTTAYAM IN EP. 36/04 IN OS. NO.65/01. /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 27482 OF 2007 = = = = = = = = = = = = = = = Dated this the 14th day of January, 2008. J U D G M E N T This writ petition is filed against the order whereby the Court below had not entertained the prayer for reducing the instalment amount that was ordered to be paid in instalments. The EP amount is for an amount of Rs.6,24,384/-. The Court by its order dated 19.2.2007 directed the judgment debtor to pay the amount in monthly equal instalments of Rs.30,000/-. The writ petitioner moved an application for review of that order and to make it as Rs.10,000/-. I feel the request to reduce it at the rate of Rs.10,000/- is not very reasonable. The learned counsel for the writ petitioner contended before me that his client is liable to pay some amount towards other decree debts also and therefore he cannot pay at the rate of Rs.30,000/- now at all and so some leniency has to be shown. The other side has opposed it. But, I feel there is some genuine interest for W.P.C 27482 OF 2007 -:2:- the writ petitioner to make the payment. Therefore in order to meet the ends of justice I feel that the writ petitioner can be permitted to make the payment at the rate of Rs.20,000/- per instalment. Or in other words the decree debt can be discharged by making payment at the rate of Rs.20,000/- as monthly instalment. Therefore the writ petition is disposed of as above and the original order dated 19.2.2007 of the Principal Subordinate Judge, Kottayam is modified accordingly. M.N. KRISHNAN, JUDGE. ul/-