IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 OP(C).No. 1238 of 2010(O) ----------------------------------- AGAINST THE ORDER DATED 24/11/2010 IN EP.31/2009 IN OS.201/2008 of SUB COURT, NEDUMANGAD .................... PETITIONER/J.D/DEFENDANT : -------------------------------------------- G.S.MADHUSOODHANAN ASARI, AGED 44, S/O GANGADHARAN, THAZHEPACHA VEEDU, ANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): D.H/PLAINTIFF: ------------------------------------------------ MANIKANDAN, S/O GOPALAN, KUZHIVILA VEEDU, THATHANKODE, ANAD VILLAGE, NEDUMANGAD TALUK. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. ----------------------------------------- O.P(Civil). NO. 1238 OF 2010 ---------------------------------------- Dated this the 21st day of December, 2010. JUDGMENT Petitioner has suffered a decree for payment of money to the respondent in O.S No.201 of 2008 of the court of learned Sub Judge, Nedumangad. Respondent launched execution by filing E.P.31 of 2010. Learned Sub Judge found that petitioner, in spite of having means has failed or refused to pay the amount due under the decree and issued warrant of arrest. Petitioner filed Ext.P2 and P4 application to recall the warrant and set aside the ex parte order against him. Those applications were dismissed by the learned Sub Judge. Though, various contentions are raised in this petition against the order of the court below, learned counsel now only seeks some time to pay the amount. It is stated that petitioner is working as a helper in Tropical Botanical Guarden, Pangode and that he is getting only a meagre sum as salary. Learned counsel requested that petitioner may be granted 6 month's time to pay the amount due under the decree. Having regard to the circumstances stated, I am inclined to grant 4 month's time from 15.1.2011 to pay the amount due under the decree. Resultantly, this petition is disposed of in the following lines: O.P(Civil). NO. 1238 OF 2010 2 Petitioner is granted 4 (four) months' time from 15-01-2011 to pay the amount due under the decree. Warrant of arrest issued to the petitioner will stand in abeyance during the said period subject to the following conditions: (a) Petitioner shall deposit in the executing court for payment to the respondent the amount due under the decree in four equal monthly instalments beginning from 15-01-2011 provided that by the last instalment entire amount due is deposited. The deposit shall be made on or before the 15th of every month. In case 15th of the month happens to be a holiday, deposit shall be made on the next working day. (b) In case of default in deposit of any instalment or the entire amount is not deposited within the time granted hereby, it will be open to the respondent to proceed against petitioner pursuant to the finding regarding means without any further enquiry as to the means of petitioner. THOMAS P. JOSEPH, JUDGE mns