IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 W.P(C).No. 25556 of 2008(P) --------------------------------------- AGAINST THE ORDER IN E.PNO. 52/2008 IN O.S.NO.303/2003 OF MUNSIFF COURT, MAVELIKKARA. .................... PETITIONER : --------------------- GOPINATHAN, KOTTUNGAL VEEDU, (MANOJ BHAVANAM) ERAMATHOOR MURI, THRIPPERUMTHURA VILLAGE, MAVELIKKARA. BY ADV. SRI.S.MOHANAN RESPONDENT : ------------------------ VIJAYAMMA, REVATHI HOUSE, ERAMATHOOR MURI, THRIPPERUMTHURA VILLAGE ADV. SRI.S.JAYAKRISHNAN - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 25556/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE ORDER IN E.P. NO.52/2008 DATED 4/08/2008. EXHIBIT P2: TRUE COPY OF THE EXECUTION PETTION NO. 52/2008 DATED 5/04/2008. EXHIBIT P3: TRUE COPY OF THE AFFIDAVIT FILED BY THE RSPONDENT ALONG WITH EXECTUION PETITION. EXHIBIT P4: TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 6/06/2008. EXHIBIT P5: TRUE COPY OF THE TREATMENT CERTIFICATE DATED 21/05/2008. EXHIBIT P6: TRUE COPY OF THE CERTIFICATE ISSUED FROM THE KRISHI BHAVAN, CHENNITHALA SHOWING THAT THE PETITIOENR HAD CONDUCTED PADDY CULTIVATION DURING 2002-2003 DATED 14/07/2008. EXHIBIT P7: TRUE COPY OF THE CERTIFICATE ISSUED FROM THE THRIPPERUMTHURA VILLAGE OFFICE DATED 10/04/2008. EXHIBIT P8: TRUE COPY OF THE NOTICE RECEIVED FROM THE KERALA AGRICULTURIST DEBT RELIEF COMMISSION DATED 15/07/2008. EXHIBIT P9: TRUE COPY OF THE HEARING NOTE. /TRUE COPY/ P.A. TO JUDGE scm K.P. BALACHANDRAN, J. ------------------------------------- W.P(c) No. 25556 of 2008 ---------------------------- Dated this the 25th day of November, 2008 JUDGMENT Counsel for the petitioner/Judgment debtor submits that the balance will come just above Rs.20,000/- ; that the petitioner is now undergoing treatment and that therefore, at least reasonable time be granted to discharge the balance debt as well. I heard submissions of the counsel for the decree holder as well. Considering the entire circumstances of the case, I uphold the finding regarding means in Exhibit P1 and dispose of this Writ Petition granting three months time to the petitioner to discharge the balance debt either in instalments or in lump as desired by him. K.P. BALACHANDRAN, JUDGE scm