IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No.31997 of 2008 (H) ---------------------------------- AGAINST THE ORDER IN EP.119/2008 IN OS.929/2006 of I ADDL.M.C.,NEYYATTINKARA .................... PETITIONER/JUDGMENT DEBTOR: ---------------------------------------- DR.Y.WILLIAM, AGED 62, ROSE HOUSE, KOLLAYIL VILLAGE, DHANUVACHAPURAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT/DECREE HOLDER: -------------------------------------- GOPINATHAN NAIR, S/O. KRISHNAN PILLAI, ASWATHY BHAVAN, KALLIYOOR DESOM, PALLICHAL VILLAGE, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.31997 of 2008 (H) APPENDIX PETITIONER'S EXTS:- EXT.P1:- TRUE COPY OF THE PETITION BY RESPONDENT. EXT.P2:- TRUE COPY OF THE OBJECTION DT.04/08/08. EXT.P3:- TRUE COPY OF AFFIDAVIT IN LIEU OF EXAMINATION. EXT.P4:- TRUE COPY OF PENSION BOOK. EXT.P5:- TRUE COPY OF THE ORDER IN E.P.119/08 DT.25/09/08. ......... K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.31997 of 2008 ------------------------------------------------ Dated this the 4th day of December, 2008 JUDGMENT It is seen that despite notice issued to the decree holder/respondent in the address shown in Ext.P1 affidavit filed by him, it is returned with the report “not known”. In the circumstances, there is no purpose to be served by repeating notice to the respondent/ decree holder in this Writ Petition especially in view of the judgment that I propose to pass in this Writ Petition. 2. The prayer in this Writ Petition filed by the judgment debtor is to set aside Ext.P5 order directing warrant to be issued against him in execution of the money decree finding that he has got means and to allow him to pay off the decree debt in monthly instalments. It is seen that the petitioner has been ordered by this Court on 30/10/08 to deposit W. P. C. No.31997 of 2008 -2- Rs.25,000/- within a week therefrom as a condition precedent for keeping in abeyance the warrant issued against him and counsel for the petitioner submits that within the said one week the said amount of Rs.25,000/- has been deposited to the credit of E.P.119/08 in O.S.929/06 on the file of the Munsiff's Court, Neyyattinkara. There is no reason to disbelieve the submission so made. Counsel submits that the petitioner is prepared to pay the balance amount also in monthly instalments of Rs.5,000/-. 3. In the result, I allow the petitioner to discharge the balance debt by making monthly payments towards the decree debt or by deposit before the Execution Court at the rate of Rs.5,000/- per month beginning with 5th day of January, 2009. Subsequent payments also will have to be made on the 5th day of every calendar month. In case the petitioner/ W. P. C. No.31997 of 2008 -3- judgment debtor fails to make payment/deposit of any two consecutive monthly instalments the benefit so granted to him to discharge the balance debt in instalments shall stand forfeited and the decree holder shall be entitled to proceed to recover the amount by personal execution against the petitioner as I have not disturbed the findings regarding the means in Ext.P5. K.P.BALACHANDRAN, JUDGE kns/-