IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 OP(C).No. 2417 of 2011(O) --------------------------------------- E.P.33/2008 IN OS.86/2007 OF MUNISIFF COURT, PATTAMBI .................... PETITIONER: -------------------- VASUDEVAN K, AGED 49 YEARS S/O.KRISHNAN, KOLLAYIOL HOUSE, CHEBRA P.O., THIRUVEGAPURA, OTTAPALAM TALUK, PALAKKAD. BY ADV. SRI.K.R.VINOD RESPONDENT(S): ------------------------- VIJAYA BANK,. REPRESENTED BY ITS MANAGER VAVANOOR BRANCH, VAVANNOOR, THIRURUVEGAPURA, OTTAPALAM TALUK, PALAKKAD-695 507. BY ADV. SMT.LATHA KRISHNAN. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 2417 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EXECUTION PETITION IN E.P. NO.33/2008 IN O.S. NO.86/2007 FILED BY THE RESPONDENT. EXT.P2: COPY OF THE AFFIDAVIT FILED BY THE DECREE HOLDER PRAYING TO ISSUE ARREST WARRANT AGAINST THE PETITIONER. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2417 of 2011 ==================================== Dated this the 27th day of July, 2011 J U D G M E N T Petitioner is the judgment debtor in E.P. No.33 of 2008 in O.S. No.86 of 2007 of the court of learned Munsiff, Pattambi. Respondent has obtained a decree for recovery of money and sought personal execution against petitioner. It is stated that petitioner was paying the amount in installments at the rate of `2,000/- per month and while so on 14.07.2011 on a finding that petitioner, in spite of having sufficient means refused to pay the amount due under the decree the court issued warrant of arrest. That order is under challenge. Petitioner has not produced copy of the impugned order. However, at the time the matter came up for hearing learned counsel submitted that warrant of arrest was issued on the basis of the averments in the affidavit filed by the representative of the respondent who was not cross-examined. Nor did petitioner adduce contra evidence. Admittedly petitioner is working as a teacher in the A.U.P. School, Karambathur. Therefore it is not necessary for me to go into the correctness or otherwise of the order issuing warrant of arrest. O.P(C) No.2147 of 2011 -: 2 :- 2. Learned counsel requested that petitioner may be permitted to pay the balance amount due in installments. Learned counsel pointed out that petitioner was paying the amount in installments at the rate of `2,000/- per month. I have heard learned counsel for respondent also. The request for installment facility has to be made before the executing court. However to facilitate petitioner that, I am inclined to grant some time. Resultantly, Original Petition is disposed of in the following lines: (a) Petitioner is permitted to urge the request for installment facility in the executing court. (b) To facilitate that, warrant of arrest issued to petitioner will stand in abeyance for a period of two months from this day on condition that petitioner paid to the respondent/deposited in the executing court for such payment Rs.7,500/- within a month from this day and another sum of Rs.7,500/- within two months from this day. O.P(C) No.2147 of 2011 -: 3 :- (c) It is directed that in case there is default in making payment as directed in clause (b), it will be open to the executing court to proceed with execution without any further enquiry regarding means. THOMAS P. JOSEPH, JUDGE. vsv