IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 OP(C).No. 3892 of 2011(O) -------------------------------------- EP.NO.52/2010 IN O.S.115/2010 OF SUB COURT, PERUMBAVOOR .......... PETITIONER: --------------------- BIJU M.K, S/O.M.K.KELA, MADASSERIKKUDY HOUSE,VAIKKARA KARA, RAYAMANGALAM VILLAGE,VAIKKARA (PO), ERNAKULAM DISTRICT BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): ---------------------------- 1. STATE BANK OF TRAVANCORE PERUMBAVOOR BRANCH, REPRESENTED BY ITS CHIEF MANAGER, PERUMBAVOOR BRANCH, ERNAKULAM DISTRICT - 683 542. 2. P.M.BABY, S/O.MATHEW, PATHICKAL HOUSE,VENGOLA(PO) PIN 683 554, ERNAKULAM DISTRICT. 3. JAYANTHI GANGADHARAN, W/O.GANGADHARAN, PULICKAPARAMBIL HOUSE, MUDAKKUZHA(PO),PIN 683 546, ERNAKULAM DISTRICT. R1 BY ADV. SRI. SANTHOSH MATHEW, SC, SBT THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.3892/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN O.S.115/2011 BEFORE THE SUB COURT, PERUMBAVOOR DTD. 13/09/2010. P2: COPY OF THEE.P.52/2010 IN O.S.115/2011 BEFORE THE SUB COURT, PERUMBAVOOR DTD. 09/11/2010. P3: COPY OF THE AFFIDAVIT OF THE 1ST RESPONDENT IN THE E.P.52/2010 IN O.S.115/2011 BEFORE THE SUB COURT, PERUMBAVOOR DTD. 09/11/2010. P4: COPY OF THE E.A.68/2011 IN E.P.52/2010 BEFORE THE SUB COURT, PERUMBAVOOR DTD. 21/11/2011. P5: COPY OF THE IMPUGNED ORDER DTD. 22/11/2011 IN E.P.52/2010 IN O.S.115/2010 BEFORE THE SUB COURT, PERUMBAVOOR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3892 of 2011 -------------------------------------- Dated this the 30th day of November, 2011. JUDGMENT 1st judgment debtor in E.P.No.52 of 2010 in O.S.No.115 of 2010 of the court of learned Sub Judge, Perumbavoor is the petitioner before me challenging the order dated 22.11.2011 releasing petitioner on kaychit for `20,000/- and directing his appearance on 29.11.2011 for payment of the entire balance amount. 2. 1st respondent obtained a decree for recovery of money against petitioner and respondents 2 and 3. That decree was put into execution. According to the learned counsel for 1st respondent, on petitioner paying a certain amount the executing court permitted him twice to pay the balance amount in installments of `20,000/- each but, those opportunities were not availed. Learned counsel for petitioner submits that he was arrested and sent to the civil prison but on the same day, learned Munsiff passed the order dated 22.11.2011 referred to above. Learned counsel submits that petitioner is prepared to pay the balance amount in installments. OP(C)No.3892/2011 2 3. Having heard learned counsel on both sides I am inclined to permit petitioner pay the amount due to the 1st respondent in installments. Resultantly this Original Petition is disposed of as follows: i. Petitioner shall pay/deposit in the executing court for payment to the 1st respondent `25,000/- (Rupees Twentyfive thousand only) within a month from this day. ii. Petitioner shall pay/deposit as aforesaid the entire balance amount due under the decree in ten (10) equal monthly installments beginning from 30.01.2012 provided that by the last installment the entire amount due under the decree is paid. iii. Payment/deposit beginning from 30.01.2012 shall be made on or before the 5th of the next month and if that day happens to be a holiday, such payment/deposit shall be made on the next working day. iv. It is directed that the order dated 22.11.2011 referred above and the order issuing warrant of arrest to the petitioner will stand in abeyance during the time as aforesaid. OP(C)No.3892/2011 3 v. In case of any two default in payment of the installments or the entire amount is not paid within the time as aforesaid, it is open to the 1st respondent to proceed with execution against petitioner pursuant to the finding regarding means without any further enquiry in that regard. THOMAS P.JOSEPH, Judge. cks