IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 CRP.No.850 of 2008 (D) ---------------------------- E.P.352/07 IN O.S.563/03 OF ADDL. SUB JUDGE, IRINJALAKUDA ------------------- REVN. PETITIONER/2ND RESPONDENT/2ND JUDGMENT DEBTOR/2ND DEFENDANT: ------------------------------------------------------------------ REGHUNANDANAN, AGED 50, S/O.POLAKKULATHU NARAYANAN, LOKAMALLESWARAM VILLAGE AND DESOM, KODUNGALLUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS/PETITIONER & RESPONDENTS 1 AND 3/DECREE HOLDER AND JUDGMENT DEBTORS 1 AND 3/PLAINTIFF AND DEFENDANTS 1 AND 3 --------------------------------------------------------------------------- 1. ALIDE ENTERPRISES, THRITHALLUR, A PARTNERSHIP FIRM REPRESENTED BY ITS CHAIRPERSON LEELA, W/O.PANAKKAPARAMBIL SANKARANARAYANAN, CHAVAKKAD TALUK, VADANAPPALLY DESOM,THRISSUR DISTRICT. 2. RAJENDRAPRASAD, S/O.POLAKKULATHU NARAYANAN, LOKAMALLESWARAM VILLAGE AND DESOM, KODUNGALLUR TALUK. 3. BABY @ COPALAKRISHNAN, S/O.PUZHAKKADAVIL KUMARAN, SREENARAYANAPURAM VILLAGE AND DESOM, KODUNGALLUR TALUK. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. R. P No.850 of 2008 ------------------------------------------------ Dated this the 16th day of December, 2008 ORDER Despite direction to deposit Rs.2 lakhs, only an amount of Rs.1 lakh has been deposited. The petitioner shall deposit the balance Rs.1 lakh on or before 05/01/09. In case he so deposits Rs.1 lakh as well, he shall be entitled to discharge the balance debt by making monthly deposits at the rate of Rs.50,000/- beginning with 5th day of February, 2009. The monthly payments are liable to be made or deposited positively on or before 5th of every calendar month. In case of failure to make deposit of any two consecutive monthly instalments after making deposit of Rs.1 lakh on 05/01/09 the petitioner/judgment debtor shall forfeit the benefit of discharge of debt in instalments and the decree holder shall be entitled to proceed to realise the balance C. R. P No.850 of 2008 -2- debt by personal execution as against the petitioner as I have not interfered with the impugned order passed by the court below which I hereby confirm. 2. This C.R.P is thus disposed of without notice to the respondent/decree holder. The petitioner is directed to produce a copy of this order in the court below before making deposit of Rs.1 lakh on the 5th of January, 2009 with notice to counsel for Decree Holder in the court below as this C.R.P is being disposed of without notice to the first respondent/Decree Holder. K.P.BALACHANDRAN, JUDGE kns/-