IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No.330 of 2009 (L) ------------------------------- OS.401/2004 of PRL.M.C., IRINJALAKUDA .................... PETITIONER: --------------- AYYAPPADAS, S/O.SAROJINI AMMA, ANIYIL HOUSE, PULLOOR DESOM, PULLOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. BY ADV. SRI.M.N.UNNIKRISHNAN SRI.SAJU.S.A RESPONDENT: ---------------- KISHORE, S/O.NARAYANAN, KOLLARA HOUSE, PERINJANAM DESOM, PERINJANAM VILLAGE, KODUNGALOOR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.330 of 2009 ------------------------------------------------ Dated this the 5th day of January, 2009 JUDGMENT Counsel for the petitioner/judgment debtor submits that the debt for which execution petition is filed is for an amount of Rs.27,000/- and odd; that he has deposited an amount of Rs.10,000/- to the credit of the decree debt on 06/03/08 vide Ext.P7 chalan receipt and that therefore, the petitioner be permitted to discharge the balance debt in instalments. 2. Considering the entire circumstances of the case, I allow the petitioner who is the judgment debtor in O.S.401/04 on the file of the Munsiff's Court, Irinjalakuda to discharge the balance debt by making monthly payments/ deposits at the rate of Rs.6,000/- with effect from 25th January, 2009. All monthly payments/ deposits as the case be, shall be made on or W. P. C. No.330 of 2009 -2- before the 25th of each calendar month beginning with January, 2009. In case of default in payment/deposit of any one instalment the petitioner shall forfeit the benefit of discharge of debt in instalments and the decree holder shall be entitled to proceed with personal execution for realisation of the entire balance in lump as I have not interfered with the impugned order passed by the court below holding that the petitioner is one who has not discharged the debt though he was having sufficient means to discharge the debt as he has come by funds by sale of the property under various documents after the passing of the decree in the suit. The petitioner is directed to produce a copy of this judgment in the court below with notice to counsel for decree holder in the court below to enable the court below and the W. P. C. No.330 of 2009 -3- decree holder to abide by the directions given on the above lines, as this Writ Petition is being disposed of without notice to the respondent/decree holder. 3. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-