IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 34412 of 2008(V) -------------------------------------------- EP 448/05 IN OS.411/2004 of MUNSIFF COURT, CHAVAKKAD .................... PETITIONER/JUDGMENT DEBTOR: AYYAPPU, S/O.PICHULLI SANKARAN, CHAVAKKAD TALUK, MULLASSERY VILLAGE AND DESOM. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT/DECREE HOLDER: KERAM CHITS & LOANS (P) LTD., GURUVAYOOR AMSOM AND DESOM, CHAVAKKAD TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.34412 of 2008 T -------------------------- JUDGMENT Counsel for the petitioner submits that though a contention was raised in Exhibit P2 objection claiming benefit under Section 60(c) of the Code of Civil Procedure, no evidence was adduced only because the petitioner/judgment debtor is in fact not entitled to such benefit and that what the petitioner requires is only some time to discharge the debt. The total amount for which the execution petition is filed is Rs.25,289/- and for cost of Rs.1,458/- covered by the decree. Counsel for the petitioner submits that Rs.5,000/- will be deposited or paid positively within two weeks from today and that the entire balance would be paid in six monthly instalments. In the result, I dispose of this writ petition directing the petitioner/judgment debtor to deposit an amount of Rs.5,000/- in the court below or to pay to the decree holder and report before the WPC 34412/08 2 execution court positively within two weeks from today and thereafter to make payment at the rate of Rs.3,500/- per month beginning with 5th day of January 2009. The instalments shall be paid positively on or before 5th day of every calendar month. In case the petitioner defaults payment either of the amount of Rs.5,000/- as aforesaid within the specified time or any future instalments within the specified dates, the benefit so granted to him shall stand cancelled and the respondent/ decree holder shall be entitled to proceed with execution for realisation of the entire balance debt in lump. Petitioner is directed to produce a copy of this judgment before the execution court forthwith with notice to the respondent, as this writ petition is being disposed of without notice to the respondent. Issue copy urgently to the counsel for the petitioner. 21st November, 2008 (K.P.Balachandran, Judge) tkv