IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 OP(C).No. 2286 of 2011(O) -------------------------------------- ( EP.NO. 42/2010 IN OS.NO.104/2008 of SUB COURT, CHENGANNUR) .................... PETITIONERS ----------------------- 1. K.GOPALAKRISHNAN, S/O. KITTAN, KALLUTHARA VEEDU, ALA VADAKKUM MURI, ALA VILLAGE, CHENGANNUR. 2. LATHA GOPALAKRISHNAN, W/O. GOPALAKRISHNAN, KALLUTHARA VEEDU, ALA VADAKKUM MURI, ALA VILLAGE, CHENGANNUR. 3. K.G.ANEESH, S/O. K.UNNITHAN, KALLUTHARA VEEDU, ALA VADAKKUM MURI, ALA VILLAGE, CHENGANNUR. BY ADV. SRI.IYPE JOSEPH RESPONDENT(S): DECREE HOLDER/PLAINTIFF --------------------------------------------------------------------- THOMAS, S/O. VARGHESE, PANIKKARUVEETTILAYA KUTHIRA VATTATHU VEEDU, UMAYATTUKARA MURI, THIRUVANVANDOOR VILLAGE, CHENGANNUR-PIN-689 121. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.2286/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT IN O.S.NO.104/2008 ON THE FILE OF THE SUB COURT, CHENGANNUR DATED 26/8/2008. P2 COPY OF THE DECREE IN O.S.NO.104/2008 ON THE FILE OF THE SUB COURT, CHENGANNUR DATED 26/8/2008. P3 COPY OF THE EXECUTION PETITION IN E.P.NO.42/2010 IN O.S.NO.104/2008 ON THE FILE OF THE SUB COURT, CHENGANNUR DATED -7-2010. P4 COPY OF THE OBJECTION FILED BY THE PETITIONER IN E.P.NO.42/2010 IN O.S.NO.104/2008 ON THE FILE OF THE SUB COURT, CHENGANNUR DATED 21/10/2010. P5 COPY OF THE ORDER IN E.P.NO.42/2010 IN O.S.NO.104/2008 ON THE FILE OF THE SUB COURT, CHENGANNUR DATED 30/5/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2286 of 2011 -------------------------------------- Dated this the 14th day of December, 2011. JUDGMENT Ext.P5, order passed by the learned Sub Judge, Chengannur in E.P.No.42 of 2010 in O.S.No.104 of 2008 is under challenge. Respondent obtained a decree for recovery of money against petitioners and put that decree in execution. Petitioners preferred Ext.P4, objection to the execution petition requesting to permit them pay the amount in installments at the rate of `4,000/- per month. Certain amount was also paid. The executing court by Ext.P5, order directed petitioners to pay the balance amount due at the rate of `10,000/- per month. 2. When the matter came up for admission on 15.07.2011 this Court directed that petitioners shall pay/deposit at the rate of `5,000/- per month until further orders. Learned counsel for respondent submits that only certain installments are paid but, the entire installments are not paid by petitioners. 3. Learned counsel for petitioners submits that petitioners are not in a position to pay at the rate of `10,000/-. It has come in evidence that 1st petitioner is running a shop at Chengannur. However, having regard to the OP(C)No.2286/2011 2 difficulties of petitioners stated by the learned counsel I am inclined to think that Ext.P5, order can be modified permitting petitioners/judgment debtors to pay/deposit the balance amount due at the rate of `7,500/- per month. Resultantly this Original Petition is allowed as follows: i. Ext.P5, order is modified to the extent that petitioners shall pay/deposit in the executing court for such payment the balance amount due under the decree at the rate of `7,500/- (Rupees Seven thousand and five hundred only) per month beginning from 01.01.2012. ii. Payment/deposit as aforesaid shall be made on or before the 5th of each month and if that day happens to be a holiday, such payment/deposit shall be made on the next working day. iii. In case of default in payment/deposit of any two installments it will be open to the executing court to take further steps as provided under law. THOMAS P.JOSEPH, Judge. cks